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B.C. Court Decision Provides Example of the State of Indigenous Law in Canada

February 13, 2018

Court decisions can often provide learning opportunities — they establish legal principles, apply those principles to certain facts, and illustrate relative trends, or stability, in the law. The recent decision of the B.C. Supreme Court in Fort Nelson First Nation v. B.C. Oil and Gas Commission (Fort Nelson) provides a number of learning opportunities. It offers another data point on…

Election Finances: Recent Reforms in British Columbia, Manitoba and New Brunswick

February 13, 2018

Election finance rules in British Columbia, Manitoba and New Brunswick have undergone significant reform over the past several months. British Columbia has now imposed monetary limits on political contributions, prohibited corporate contributions and introduced new requirements governing sponsorship contributions made to third-party advertisers. New Brunswick has similarly imposed restrictions on making political contributions and decreased its monetary limits for political…

Federal Government Overhauls Canadian Environmental Legislation

February 12, 2018

The federal government has, as promised, introduced two new pieces of legislation which together, overhaul the federal environmental assessment (now to be re-named impact assessment) regime in Canada; replace the National Energy Board (NEB) with a new Tribunal; and significantly amend fisheries and navigable waters legislation. Bill C-68 addresses the Fisheries Act modernization while Bill C-69 covers the other three…

Implementing UNDRIP? Federal Government Releases Draft Environmental Legislation

February 12, 2018

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, Bill C-68 proposed amendments to the Fisheries Act. The proposed legislation provides the most significant illustration to date of how the federal government intends to meet its…

Department of Finance Reviewing Canada’s Anti-Money Laundering and Anti-Terrorist Financing Regime

February 12, 2018

On February 7, 2018, the Department of Finance released a consultation paper (Paper) reviewing Canada’s anti-money laundering and anti-terrorist financing regime (AML/ATF). The Paper is intended to support parliament’s upcoming prescribed five-year review of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) and sets out policy considerations that call for amendments to the current AML/ATF regime. The…

Back in “Sessions”: CSA Reaffirms Disclosure-Based Approach For Canadian Reporting Issuers with U.S. Cannabis-Related Business Activities

February 12, 2018

On February 8, 2018, the Canadian Securities Administrators (CSA) released a highly anticipated notice clarifying the CSA’s position regarding issuers with cannabis-related activities in the United States. The revised staff notice reaffirms the CSA’s disclosure-based approach and sets out additional disclosure expectations for issuers with U.S. cannabis-related activities. The notice follows the CSA’s previously released statement on January 12, 2018,…

Canada’s Privacy Commissioner Recommends European-Style “Right to be Forgotten”

February 8, 2018

Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper). The paper takes the position that current federal privacy legislation, the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA), entitles individuals to ask search engines to de-index web pages that contain inaccurate, incomplete or outdated information about…

B.C. Provides Update Relating to Retail and Wholesale Distribution of Non-Medical Cannabis

February 7, 2018

On February 5, 2018, the British Columbia government supplied additional insight into its proposed retail and wholesale distribution framework for non-medical cannabis through the release of its Private Retail Licensing Guide (Guide) and Liquor Distribution Branch Information Sheet. The B.C. government has noted that, while these publications set out its intentions for B.C.’s retail framework, this framework is subject to…

American Citizen Secures Aboriginal Rights in Canada

February 7, 2018

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 United States. In doing so, the BCSC upheld a prior decision of the Provincial Court of British Columbia (Court). For further details, see our…

B.C.’s Bitumen Blockade: Selected Legal Options Available to Producers and Shippers

February 6, 2018

Recently, the Government of British Columbia released an announcement to consider a series of proposed measures to restrict the shipment of diluted bitumen from Alberta oil sands operations by rail or pipelines, setting the stage for a constitutional dispute. If the proposals are enacted, such regulations will directly engage federally regulated matters of interprovincial commerce as well as interprovincial trade…

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