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Canada Signs the Comprehensive and Progressive Agreement for Trans-Pacific Partnership

On March 8, 2018, Canada signed the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP), an agreement between the 11 remaining signatories to the Trans-Pacific Partnership (TPP) after the United...more

SCC Provides Guidance on Trustees’ Duty to Disclose Construction Bonds to Beneficiaries

The Supreme Court of Canada (SCC) ruled in its recent decision, Valard Construction Ltd. v. Bird Construction Co. (Valard Construction), that an “obligee” or trustee under a labour and material payment bond (usually the owner...more

Implementing UNDRIP? Federal Government Releases Draft Environmental Legislation

On February 8, 2018, the Government of Canada introduced Bill C-69 to reform the federal environmental impact assessment process, replace the National Energy Board and amend the Navigation Protection Act. Two days earlier,...more

American Citizen Secures Aboriginal Rights in Canada

The British Columbia Supreme Court (BCSC) affirmed in R. v. DeSautel (DeSautel) that the constitutional protection of aboriginal rights in s. 35 of the Constitution Act, 1982 extends to an aboriginal group that resides in the...more

Yukon Must Follow Land Use Planning Process from Umbrella Final Agreement, SCC Rules

On December 1, 2017, in First Nations of Nacho Nyak Dun v. Yukon (Nacho Nyak Dun), the Supreme Court of Canada (SCC) overturned a Yukon government decision to open the Peel watershed for development and significantly modify...more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

New Canadian Sanctions Legislation in Effect: Sergei Magnitsky Law

On November 3, 2017, the Government of Canada introduced regulations under the recently enacted Justice for Victims of Corrupt Foreign Officials Act (Sergei Magnitsky Law) (SML) imposing an asset freeze on a number of foreign...more

Canadian Economic Sanctions Update: New Sanctions Against Venezuela and Other Developments

Two recent developments in the Canadian economic sanctions regime are notable for Canadian financial institutions and businesses engaged in international trade: Canada has imposed new sanctions against Venezuela under the...more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

SCC Confirms the Role of Regulatory Tribunals in Aboriginal Consultation

On July 26, 2017, the Supreme Court of Canada (SCC) released two decisions on the role of the National Energy Board (NEB) and other regulatory tribunals in aboriginal consultation: Clyde River (Hamlet) v. Petroleum...more

B.C. Court Denies First Nations Injunction Request to Stop Development Pending Resolution of Action

On May 31, 2017, the British Columbia Supreme Court (Court) in Yahey v. British Columbia (Yahey) denied a second injunction application by Blueberry River First Nations (BRFN) to limit future development in certain portions...more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

Beyond Borders: B.C. Court Rules U.S. Resident Has Aboriginal Right to Hunt in Canada

On March 27, 2017, in an unprecedented decision, the Provincial Court of British Columbia (Court) ruled in R. v. DeSautel (DeSautel) to recognize the aboriginal rights of a First Nation whose members reside in the United...more

Federal Court of Appeal Says There is No Duty to Consult on Legislation

Does the Crown have a duty to consult when contemplating and introducing legislation that may adversely impact aboriginal rights? In its recent decision in Canada (Governor General in Council) v. Courtoreille, the Federal...more

Dispute Resolution under CETA: A New Investment Court for Canada and Europe

Canada and the European Union recently signed the Canada-European Union Comprehensive Economic and Trade Agreement (CETA), which establishes a new tribunal, called the Investment Court System, to resolve investor-state...more

Real Estate Developers Not Responsible for Market Declines, B.C. Court Rules

Remember when Vancouver real estate went down? In the late 1990s, the value of 89 units in Vancouver’s Westin Grand Hotel collectively decreased in value from C$18-million to C$10-million in two and a half years. Investors in...more

Northern Gateway Project Approval Quashed Due to Inadequate Consultation

In its recent decision in Gitxaala Nation v. Canada, the Federal Court of Appeal (Court) quashed federal approval of the proposed Northern Gateway Project (Project). The Court held that although interested parties had ample...more

B.C. Increases Potential Fines, Adds Administrative Penalties for Mining Law Violations

Since the 2014 Mount Polley tailings dam breach, the British Columbia government has made numerous changes to its mining regulatory regime. The most recent amendments, some of which came into force late last week,...more

Métis, Non-Status Indians Constitutionally Deemed “Indians”, Subject to Federal Jurisdiction

The Supreme Court of Canada (SCC) declared in Daniels v. Canada (Indian Affairs and Northern Development) that Métis and non-status Indians are “Indians” under section 91(24) of the Constitution Act, 1867, meaning they come...more

A Primer on Canadian Sanctions Legislation

Canada, like other major jurisdictions, has introduced a broad range of economic and financial sanctions targeting foreign states and their nationals, as well as various terrorist organizations. Given that Canada is in...more

Supreme Court to Hear Appeals on Role of Tribunals in Duty to Consult

The Supreme Court of Canada (SCC) has granted leave to appeal in two cases concerning the ability of a regulatory tribunal to discharge the Crown’s duty to consult. In Hamlet of Clyde River v. TGS-NOPEC Geophysical...more

First Step to Re-engagement: Canada Rolls Back Iranian Sanctions

In an abrupt reversal of the trend of increasing sanctions against Iran, which Canada has followed since 2011, the Government of Canada announced on February 5, 2016, that it would be implementing significantly less stringent...more

What the United States’ Weakened Embargo Against Cuba Means for Canadian Business

Canadian exporters and importers should pay close attention to the ongoing changes in United States-Cuba relations. After more than five decades of animosity between the two countries, U.S. President Barack Obama and Cuban...more

B.C. Has Authority to Impose Conditions on Northern Gateway Pipeline

In its recent decision in Coastal First Nations v. British Columbia (Environment), the B.C. Supreme Court (Court) held that the provincial government retains authority to impose conditions on the proposed Northern Gateway...more

Trans-Pacific Partnership: Canada, 11 Other Nations Conclude Historic Trade Deal

The Trans-Pacific Partnership (TPP) is an ambitious free trade agreement that has been in negotiations since 2010 among 12 countries, namely: Canada, the United States, Australia, Brunei Darussalam, Chile, Japan, Malaysia,...more

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