Unconstitutional in Part: Reference re Impact Assessment Act
Last month, in Reference re Impact Assessment Act, 2023 SCC 23 [“IAA Reference”], the Supreme Court of Canada (the “Court” or “SCC”) held that the bulk of the federal Impact...
Tagged: cooperative federalism
Valid and Operative Division of Powers: Murray‑Hall v Quebec (Attorney General)
In Murray‑Hall v Quebec (Attorney General), 2023 SCC 10 [Murray-Hall], a unanimous Supreme Court of Canada (“SCC”) held that Quebec legislation prohibiting possession of cannabis plants for personal cultivation or...
The Scope of the Federal Criminal Law Power in the Reference re Genetic Non-Discrimination Act
The need to safeguard privacy has long been a mainstay of the Canadian legal system. The right to secure autonomy and control over our private information has been preserved both...
In a Battle of the Doctrines, Division of Powers Trumps Cooperative Federalism: Quebec (AG) v Canada
The federal government has the right to destroy data collected for the highly contentious long-form gun registry, the Supreme Court of Canada (“SCC”) ruled late March. In a 5-4 decision,...
