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40195

Attorney General of Canada v. Attorney General of Alberta

(Alberta) (Civil) (As of Right)

Docket

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

List of proceedings
Date Proceeding Filed By
(if applicable)
2023-11-17 Appeal closed
2023-10-13 Formal judgment sent to the registrar of the court of appeal and all parties
2023-10-13 Judgment on appeal and notice of deposit of judgment sent to all parties
2023-10-13 Judgment on the appeal rendered, CJ Ka Côt Row Mar Kas Ja, The motion by the Attorney General of Ontario to adduce fresh evidence is dismissed.

The appeal from the judgment of the Court of Appeal of Alberta (Calgary), Number 1901-0276AC, 2022 ABCA 165, dated May 10, 2022, heard on March 21 and 22, 2023, is allowed in part. Sections 81 to 91 of the Impact Assessment Act, S.C. 2019, c. 28, s. 1, are intra vires Parliament. The balance of the scheme, made up of the Act’s remaining provisions and the Physical Activities Regulations, SOR/2019-285, is ultra vires Parliament. Karakatsanis and Jamal JJ. dissent in part.


Allowed in part
2023-10-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Tim Dickson)
 Mikisew Cree First Nation
2023-10-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Charles Murray)
 Attorney General of Manitoba
2023-10-10 General proceeding, (Letter Form), Undertaking Lock-Up
(D. Lynne Watt)
 Attorney General of Alberta
2023-10-06 General proceeding, (Letter Form), Undertaking Lock-Up
(Mae Price)
 Mikisew Cree First Nation
2023-10-06 General proceeding, (Letter Form), Undertaking Lock-Up
(David V. Wright)
 Canadian Association of Physicians for the Environment
2023-09-08 General proceeding, (Letter Form), Undertaking Lock-Up
(Jonathan Penner)
 Attorney General of British Columbia
2023-09-08 Notice of change of counsel, (Letter Form), (Printed version due on 2023-09-15) Attorney General of British Columbia
2023-08-28 General proceeding, (Letter Form), Undertaking Lock-Up
(James Elford)
 Attorney General of Canada
2023-08-14 General proceeding, (Letter Form), Undertaking Lock-Up
(Simon Bouthillier)
 Hydro-Québec
2023-08-14 General proceeding, (Letter Form), Undertaking Lock-Up
(Jean Lortie)
 Hydro-Québec
2023-08-14 General proceeding, (Letter Form), Undertaking Lock-Up
(Dominique Amyot-Bilodeau) 		Hydro-Québec
2023-07-28 General proceeding, (Letter Form), Undertaking Lock-Up
(David Robitaille)
 Centre québécois du droit de l'environnement
2023-07-28 General proceeding, (Letter Form), Undertaking Lock-Up
(Ryan Lake)
 File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2023-07-28 General proceeding, (Letter Form), Undertaking Lock-Up
(Geneviève Boulay)
 File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2023-07-26 General proceeding, (Letter Form), Undertaking Lock-Up
(Adam Williams)
 Attorney General of Alberta
2023-07-26 General proceeding, (Letter Form), Undertaking Lock-Up
(Marc Bishai)
 Centre québécois du droit de l'environnement
2023-07-26 General proceeding, (Letter Form), Undertaking Lock-Up
(Talal Murtaza)
 Explorers and Producers Association of Canada
2023-07-26 General proceeding, (Letter Form), Undertaking Lock-Up
(Sharon L. Mascher)
 Canadian Association of Physicians for the Environment
2023-07-25 General proceeding, (Letter Form), Undertaking Lock-Up
(Anna Seefeldt)
 Canadian Association of Petroleum Producers
2023-07-25 General proceeding, (Letter Form), Undertaking Lock-Up
(Robert L. Martz)
 Canadian Association of Petroleum Producers
2023-07-24 General proceeding, (Letter Form), Undertaking Lock-Up
(Thomson Irvine, K.C.)
 Attorney General of Saskatchewan
2023-07-24 General proceeding, (Letter Form), Undertaking Lock-Up
(Noah Wernikowski)
 Attorney General of Saskatchewan
2023-07-21 General proceeding, (Letter Form), Undertaking Lock-Up
(Dayna Anderson)
 Attorney General of Canada
2023-07-18 General proceeding, (Letter Form), Undertaking Lock-Up
(Kerry Boyd)
 Attorney General of Canada
2023-07-18 General proceeding, (Letter Form), Undertaking Lock-Up
(Bruce Hughson)
 Attorney General of Canada
2023-07-18 General proceeding, (Letter Form), Undertaking Lock-Up
(Christopher M. Rupar)
 Attorney General of Canada
2023-07-18 General proceeding, (Letter Form), Undertaking Lock-Up
(Randy Steele)
 Attorney General of Alberta
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(Sean R. Assie)
 Attorney General of Alberta
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(Bradley Gilmour)
 Attorney General of Alberta
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(E. Bruce Mellett)
 Attorney General of Alberta
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(Brooke Barrett)
 Indian Resource Council
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(Anna McIntosh)
 Ecojustice Canada Society
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(Jean-François Beaupré)
 Attorney General of Quebec
2023-07-17 General proceeding, (Letter Form), Undertaking Lock-Up
(Frédéric Perreault)
 Attorney General of Quebec
2023-07-14 General proceeding, (Letter Form), Undertaking Lock-Up
(Peter A. Gall, K.C.)
 Independent Contractors and Businesses Association, and Alberta Enterprise Group
2023-07-14 General proceeding, (Letter Form), Undertaking Lock-Up
(Joshua Ginsberg)
 Ecojustice Canada Society
2023-07-14 General proceeding, (Letter Form), Undertaking Lock-Up
(Michael Hynes)
 Attorney General of New Brunswick
2023-07-13 General proceeding, (Letter Form), Undertaking Lock-Up
(Martin Olszynski)
 World Wildlife Fund Canada
2023-07-13 General proceeding, (Letter Form), Undertaking Lock-Up
(Kylan Kidd)
 Explorers and Producers Association of Canada
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Peter Banks)
 Canadian Constitution Foundation
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Aidan N. Paul)
 Canadian Constitution Foundation
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Brett R. Carlson)
 Canadian Constitution Foundation
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Yashoda Ranganathan)
 Attorney General of Ontario
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Ashley Caron)
 Attorney General of British Columbia
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(Christopher H. Jones)
 Attorney General of British Columbia
2023-07-11 General proceeding, (Letter Form), Undertaking Lock-Up
(J. Gareth Morley)
 Attorney General of British Columbia
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(David W.L. Wu)
 Oceans North Conservation Society
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Jesse McCormick)
 First Nations Major Projects Coalition
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Anna Johnston)
 Nature Canada and West Coast Environmental Law Association
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Eamon Murphy)
 Athabasca Chipewyan First Nation
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Tara McDonald)
 Athabasca Chipewyan First Nation
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Ed Picard)
 Woodland Cree First Nation
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Robert Reynolds, K.C.)
 Woodland Cree First Nation
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Shaun Fluker)
 Canadian Association of Physicians for the Environment
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Joseph F. Castrilli)
 Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2023-07-10 General proceeding, (Letter Form), Undertaking Lock-Up
(Richard D. Lindgren)
 Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Brodie Noga)
 Business Council of Alberta
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Sean Sutherland)
 Business Council of Alberta
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Maureen E. Killoran, K.C.)
 Business Council of Alberta
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Ryan Beaton)
 First Nations Major Projects Coalition
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(L. Douglas Rae)
 Indian Resource Council
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Bruce E. Hallsor, K.C.)
 Canadian Taxpayers Federation
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Courtenay Jacklin)
 Lummi Nation
2023-07-07 General proceeding, (Letter Form), Undertaking Lock-Up
(Joshua Hunter)
 Attorney General of Ontario
2023-07-07 Media lock-up letter, consent form and undertaking sample sent to all parties
2023-07-07 Media lock-up requested or proposed
2023-04-05 Transcript received, D1-91 pages
D2-151 pages
2023-03-22 Hearing of the appeal, CJ Ka Côt Row Mar Kas Ja
2023-03-22 Judgment reserved OR rendered with reasons to follow
2023-03-21 Hearing of the appeal, 2023-03-21, FIRST DAY, CJ Ka Côt Row Mar Kas Ja
Judgment reserved
2023-03-17 Intervener's condensed book, (Book Form) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2023-03-17 Respondent's condensed book, (Book Form), (Printed version due on 2023-03-24) Attorney General of Alberta
2023-03-17 Appellant's condensed book, (Book Form), (Printed version due on 2023-03-24) Attorney General of Canada
2023-03-17 Intervener's condensed book, (Book Form) Attorney General of New Brunswick
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Mikisew Cree First Nation
2023-03-16 Intervener's condensed book, (Book Form) Explorers and Producers Association of Canada
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Woodland Cree First Nation
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Canadian Constitution Foundation
2023-03-16 Intervener's condensed book, (Book Form), (Printed version due on 2023-03-23) Nature Canada and West Coast Environmental Law Association
2023-03-15 Intervener's condensed book, (Book Form) Attorney General of British Columbia
2023-03-15 Intervener's condensed book, (Book Form) Attorney General of Ontario
2023-03-15 Intervener's condensed book, (Book Form) Canadian Association of Petroleum Producers
2023-03-15 Intervener's condensed book, (Book Form) Canadian Taxpayers Federation
2023-03-15 Intervener's condensed book, (Book Form) Ecojustice Canada Society
2023-03-15 Intervener's condensed book, (Book Form) First Nations Major Projects Coalition
2023-03-15 Intervener's condensed book, (Book Form) Attorney General of Quebec
2023-03-02 Notice of appearance, Mr. Ryan Lake and Ms. Geneviève Boulay will appear before the Court and
Mr. Ryan Lake will present the oral argument 		File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2023-02-28 Notice of appearance, E. Bruce Mellett, Bradley S. Gilmour, Sean R. Assie, Randy Steele Messrs. will appear before the Court and E. Bruce Mellett and Bradley S. Gilmour will be presenting oral argument.
 Attorney General of Alberta
2023-02-27 Notice of appearance, Eamon Murphy and Tara McDonald will appear before the Court via Zoom and Mr. Murphy will present oral argument.
 Athabasca Chipewyan First Nation
2023-02-27 Notice of appearance, Mr. Jesse McCormick, Mr. Ryan Beaton and Mr. Ron Stevenson will appear remotely via Zoom and Mr. McCormick and will present oral argument.
 First Nations Major Projects Coalition
2023-02-24 Notice of appearance, Maureen Killoran, Sean Sutherland and Brodie Noga will appear via Zoom and Sean Sutherland will be presenting oral argument Business Council of Alberta
2023-02-24 Notice of appearance, Sharon L. Mascher, David V. Wright and Shaun C. Fluker will appear before the Court Via Zoom and Sharon L. Mascher, will present oral argument.
 Canadian Association of Physicians for the Environment
2023-02-24 Notice of appearance, Brett Carlson, Aidan Paul, and Peter Banks will be appearing before the Court via Zoom. Brett Carlson will be presenting oral argument. Canadian Constitution Foundation
2023-02-23 Notice of appearance, Brandon Kain, Asher Honickman and Holly Kallmeye will appear before the Court and Brandon Kain will present oral argument.
 Advocates for the Rule of Law
2023-02-23 Notice of appearance, Joseph F.Castrilli and Richard D. Lindgren will appear before the Court and Joseph F.Castrilli will present oral argument.
 Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2023-02-23 Notice of appearance, Bruce E. Hallsor, and Josh A. Bloomenthal will appear before the Court and Mr. Hallsor will present oral argument.

 Canadian Taxpayers Federation
2023-02-23 Notice of appearance, Mr. Tim Dickson and Ms. Mae Price will appear before the Court and Ms. Price will present oral argument.

 Mikisew Cree First Nation
2023-02-23 Correspondence received from, Counsel will not appear at the hearing and will rely upon the written submissions previously filed Attorney General of Newfoundland and Labrador
2023-02-23 Notice of appearance, John W. Gailus and Courtenay Jacklin will appear before the Court and John Gailus will present oral argument.

 Lummi Nation
2023-02-22 Notice of appearance, David W.-L. Wu will appear before the Court and will present oral argument.
 Oceans North Conservation Society
2023-02-21 Notice of appearance, Jean Lortie, Dominique Amyot-Bilodeau, Simon Bouthillier will appear before the Court and Me Jean Lortie will present oral argument.
 Hydro-Québec
2023-02-20 Notice of appearance, Me Frédéric Perreault and Me Jean-François Beaupré will appear before the Court and Me Perreault will present oral argument.
 Attorney General of Quebec
2023-02-17 Notice of appearance, Peter A. Gall, K.C., Justina Sebastiampillai, Meredith Shaw will appear before the Court and Mr. Gall will present oral argument.
 Independent Contractors and Businesses Association, and Alberta Enterprise Group
2023-02-17 Notice of appearance, J. Gareth Morley, Christopher H. Jones, and Ashley Caron will appear before the Court and J. Gareth Morley will present oral argument.
 Attorney General of British Columbia
2023-02-17 Notice of appearance, Me David Robitaille and Me Marc Bishai will appear before the Court by videoconference and Me Robitaille will present oral arguments. Centre québécois du droit de l'environnement
2023-02-17 Notice of appearance, Thomson Irvine, K.C. and Noah Wernikowski will appear before the Court and Thomson Irvine will present oral argument.
 Attorney General of Saskatchewan
2023-02-17 Notice of appearance, Josh Hunter and Yashoda Ranganathan will appear before the Court and Josh Hunter will present oral argument.
 Attorney General of Ontario
2023-02-17 Notice of appearance, Christopher M. Rupar, Dayna Anderson, Bruce Hughson, Kerry Boyd and James Elford will appear before the Court and Christopher M. Rupar, Dayna Anderson will present oral argument.
 Attorney General of Canada
2023-02-17 Notice of appearance, Michael Hynes will appear before the Court and will present oral argument.
 Attorney General of New Brunswick
2023-02-17 Notice of appearance, Charles Murray will appear before the Court and will present oral argument.
 Attorney General of Manitoba
2023-02-17 Notice of appearance, Brooke Barrett and L. Douglas Rae will appear before the Court and Ms. Barrett will present oral argument.
 Indian Resource Council
2023-02-16 Notice of appearance, Joshua Ginsberg and Anna McIntosh will appear before the Court and Anna McIntosh will present oral argument.
 Ecojustice Canada Society
2023-02-16 Notice of appearance, Ms. Anna Johnston will appear before the Court and will present oral argument.
 Nature Canada and West Coast Environmental Law Association
2023-02-14 Notice of appearance, Martin Z.Olszynski will appear before the Court and will present oral argument via Zoom
 World Wildlife Fund Canada
2023-02-13 Notice of appearance, Robert Martz and Anna Seefeldt will appear before the Court and Mr. Robert Martz will present oral argument.
 Canadian Association of Petroleum Producers
2023-02-13 Notice of appearance, Kylan S. Kidd and Talal Murtaza will appear before the Court and Ms. Kylan Kidd will present oral argument.
 Explorers and Producers Association of Canada
2023-02-13 Notice of appearance, Robert (Rob) Reynolds, KC and Ed Picard will appear before the Court and Mr. Reynolds will present the oral submissions.

 Woodland Cree First Nation
2023-02-01 Respondent's book of authorities, (Book Form), Completed on: 2023-02-01, (Printed version filed on 2023-02-01) Attorney General of Alberta
2023-02-01 Reply factum on appeal, (Book Form), Completed on: 2023-02-01, (Printed version filed on 2023-02-01) Attorney General of Alberta
2023-02-01 Reply factum on appeal, (Book Form), Completed on: 2023-01-27, (Printed version filed on 2023-02-01) Attorney General of Canada
2023-01-25 Order on motion to directions, (by Justice Brown) sent by email
2023-01-25 Decision on motion for directions, Br, UPON APPLICATION by the Attorney General of Canada for an order:

1) to allow the Attorney General of Canada to respond to the Liegler affidavit as part of its reply factum to the interventions that is to be filed by February 1, 2023;

2) to allow the factum of the Attorney General of Canada in reply to all the interventions to not exceed twenty-two (22) pages in length;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted.

Granted
2023-01-25 Submission of motion for directions, Br
2023-01-23 Response to motion for directions, (Letter Form), Completed on: 2023-01-23 Attorney General of British Columbia
2023-01-23 Motion for directions, (Book Form), Completed on: 2023-01-23, (Printed version due on 2023-01-30) Attorney General of Canada
2023-01-20 Correspondence received from, email by Karen Collins, Re: response to request by appellant Attorney General of Alberta
2023-01-20 Correspondence received from, Christopher Rupar, Re: appellant requests changes to order by Justice Brown Attorney General of Canada
2023-01-16 Order on miscellaneous motion, by BROWN J.
2023-01-16 Order on motion to adduce new evidence, by BROWN J.
2023-01-16 Decision on miscellaneous motion, See judgment on the motion to adduce new evidence., Br
Judgment accordingly
2023-01-16 Decision on motion to adduce new evidence, Br, UPON APPLICATION by the intervener, the Attorney General of Ontario for an order:

1) granting him permission to adduce new evidence;

2) granting him leave to file an amended factum referencing the proposed fresh evidence;

3) granting him the right to make oral submissions not exceeding twenty (20) minutes at the hearing of the appeal;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion to adduce new evidence is deferred to the panel hearing the appeal.

The Attorney General of Ontario and the Attorney General of Canada may each serve and file an amended factum referencing the affidavit of Brenda Liegler, on or before January 27, 2023.

The motion for the right to additional time to present oral argument is dismissed, without prejudice to the Attorney General of Ontario seeking additional time to argue the motion at the hearing of the appeal.

Referred
2023-01-13 Submission of miscellaneous motion, Br
2023-01-13 Submission of motion to adduce new evidence, Br
2023-01-13 Reply to miscellaneous motion, (Included in the reply to motion to adduce new evidence), Completed on: 2023-01-16 Attorney General of Ontario
2023-01-13 Reply to motion to adduce new evidence, (Book Form), Completed on: 2023-01-13, (Printed version filed on 2023-01-13) Attorney General of Ontario
2023-01-11 Order by, Br, UPON APPLICATIONS by Indian Resource Council; File Hills Qu’Appelle Tribal Council and Pasqua First Nation (jointly); World Wildlife Fund Canada; Nature Canada and West Coast Environmental Law Association (jointly); Canadian Association of Petroleum Producers; Canadian Taxpayers Federation; Athabasca Chipewyan First Nation; Business Council of Alberta; Ecojustice Canada Society; Woodland Cree First Nation; Mikisew Cree First Nation; Hydro-Québec; Canadian Constitution Foundation; Independent Contractors and Businesses Association, and Alberta Enterprise Group (jointly); Canadian Association of Physicians for the Environment; Advocates for the Rule of Law; Oceans North Conservation Society; Canadian Environmental Law Association, Environmental Defence Canada Inc. and Miningwatch Canada Inc. (jointly); Explorers and Producers Association of Canada; First Nations Major Projects Coalition; Centre québécois du droit de l’environnement; and Lummi Nation for permission to present oral arguments at the hearing of the appeal;

AND SUBSEQUENT to my order dated November 3, 2022 in which I indicated that “The requests to present oral arguments at the hearing of the appeal will be addressed upon receipt and review of the interveners’ factums.”;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The twenty-two (22) interveners or groups of interveners are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.

Granted
2023-01-06 Response to miscellaneous motion, (Included in the response to the motion to adduce new evidence), Completed on: 2023-01-09 Attorney General of Canada
2023-01-06 Response to the motion to adduce new evidence, (Book Form), Completed on: 2023-01-09, (Printed version due on 2023-01-13) Attorney General of Canada
2022-12-23 Response to miscellaneous motion, (Included in the response to the motion to adduce new evidence), Completed on: 2022-12-29 Attorney General of Alberta
2022-12-23 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2022-12-29, (Printed version due on 2023-01-04) Attorney General of Alberta
2022-12-22 Notice of withdrawal, (Book Form), Of Intervention, Completed on: 2023-01-03, (Printed version due on 2023-01-03) Attorney General of Prince Edward Island
2022-12-22 Notice of withdrawal, (Book Form), Of Intervention, Completed on: 2023-01-03, (Printed version due on 2023-01-03) Attorney General of Nova Scotia
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-05, (Printed version filed on 2022-12-21) Oceans North Conservation Society
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Nature Canada and West Coast Environmental Law Association
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Nature Canada and West Coast Environmental Law Association
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Advocates for the Rule of Law
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Advocates for the Rule of Law
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-23) Hydro-Québec
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) First Nations Major Projects Coalition
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Centre québécois du droit de l'environnement
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Centre québécois du droit de l'environnement
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-29) Explorers and Producers Association of Canada
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Printed version filed on 2022-12-21) Lummi Nation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-22) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Canadian Constitution Foundation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2022-12-22, (Electronic version filed on 2022-12-22) Oceans North Conservation Society
2022-12-21 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Saskatchewan
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Saskatchewan
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Woodland Cree First Nation
2022-12-21 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Newfoundland and Labrador
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Canadian Association of Physicians for the Environment
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Ecojustice Canada Society
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Ecojustice Canada Society
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Canadian Association of Petroleum Producers
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-20, (Electronic version filed on 2022-12-21) Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-20) Business Council of Alberta
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Business Council of Alberta
2022-12-20 Intervener's factum, (Book Form), Amended version filed on 2023-01-27, Completed on: 2022-12-21, (Electronic version filed on 2022-12-21) Attorney General of Ontario
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-21) Attorney General of British Columbia
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2022-12-20, (Printed version filed on 2022-12-20) Attorney General of Quebec
2022-12-20 Intervener's factum, (Book Form), Completed on: 2022-12-20, (Printed version filed on 2022-12-20) Attorney General of Quebec
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Canadian Taxpayers Federation
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Canadian Taxpayers Federation
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Mikisew Cree First Nation
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-20) Mikisew Cree First Nation
2022-12-20 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Manitoba
2022-12-20 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-21) Attorney General of Manitoba
2022-12-20 Response to miscellaneous motion, (Included in the response to the motion to adduce new evidence), Completed on: 2022-12-23 Attorney General of British Columbia
2022-12-20 Response to the motion to adduce new evidence, (Letter Form), Completed on: 2022-12-23, (Printed version due on 2022-12-29) Attorney General of British Columbia
2022-12-19 Intervener's factum, (Book Form), Completed on: 2023-01-04, (Printed version filed on 2022-12-19) Athabasca Chipewyan First Nation
2022-12-19 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Attorney General of New Brunswick
2022-12-19 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Attorney General of New Brunswick
2022-12-19 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) Indian Resource Council
2022-12-16 Intervener's factum, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) World Wildlife Fund Canada
2022-12-16 Intervener's book of authorities, (Book Form), Completed on: 2023-01-03, (Printed version filed on 2022-12-19) World Wildlife Fund Canada
2022-12-15 Notice of miscellaneous motion, (Included in the motion to adduce new evidence), Motion to be granted additional time for oral submissions and for permission to file an amended factum., Completed on: 2022-12-15 Attorney General of Ontario
2022-12-15 Motion to adduce new evidence, (Book Form), (4 volumes), Missing: Filing Fee (rec' 12/16/22), Completed on: 2022-12-19, (Printed version filed on 2022-12-16) Attorney General of Ontario
2022-11-23 Respondent's book of authorities, (Book Form), Completed on: 2022-12-09, (Printed version filed on 2022-11-23) Attorney General of Alberta
2022-11-23 Respondent's factum, (Book Form), Completed on: 2022-12-09, (Printed version filed on 2022-11-23) Attorney General of Alberta
2022-11-04 Letter sent to Intervener(s)
2022-11-03 Order on motion to extend time, by BROWN J.
2022-11-03 Order on motion for leave to intervene, by BROWN J.
2022-11-03 Decision on motion to extend time, Br, See order on motions for leave to intervene.
Granted
2022-11-03 Decision on the motion for leave to intervene, Br, UPON APPLICATIONS by Indian Resource Council; File Hills Qu’Appelle Tribal Council and Pasqua First Nation (jointly); World Wildlife Fund Canada; Nature Canada and West Coast Environmental Law Association (jointly); Canadian Association of Petroleum Producers; Canadian Taxpayers Federation; Athabasca Chipewyan First Nation; Business Council of Alberta; Ecojustice Canada Society; Woodland Cree First Nation; Mikisew Cree First Nation; Hydro-Québec; Canadian Constitution Foundation; Independent Contractors and Businesses Association, and Alberta Enterprise Group (jointly); Canadian Association of Physicians for the Environment; Advocates for the Rule of Law; Oceans North Conservation Society; Canadian Environmental Law Association, Environmental Defence Canada Inc. and Miningwatch Canada Inc. (jointly); Explorers and Producers Association of Canada; First Nations Major Projects Coalition; Centre québécois du droit de l’environnement; and Lummi Nation for leave to intervene in the above appeal;

AND UPON APPLICATION by Lummi Nation for an order extending the time to serve and file their motion for leave to intervene to October 5, 2022;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion for an extension of time filed by Lummi Nation is granted.

The motions for leave to intervene are granted and the twenty-two (22) interveners or groups of interveners shall each be entitled to serve and file a factum not to exceed ten (10) pages in length and book of authorities, if any, on or before December 21, 2022.

The requests to present oral arguments at the hearing of the appeal will be addressed upon receipt and review of the interveners’ factums.

The appellant and respondent are each granted permission to serve and file a single factum in reply to all interventions not to exceed twenty (20) pages in length on or before February 1st, 2023.

To the extent that their interests are similar, the interveners or groups of interveners shall consult to avoid repetition in their submissions.

The interveners or groups of interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.

Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners or groups of interveners shall pay to the appellant and the respondent any additional disbursements resulting from their interventions.

AND IT IS HEREBY FURTHER ORDERED THAT:

The Attorney General of Ontario, the Attorney General of Quebec, the Attorney General of Nova Scotia, the Attorney General of New Brunswick, the Attorney General of Manitoba, the Attorney General of British Columbia, the Attorney General of Prince Edward Island, the Attorney General of Saskatchewan and the Attorney General of Newfoundland and Labrador are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal.

Granted
2022-11-01 Notice of hearing sent to parties, (by email)
2022-11-01 Appeal hearing scheduled, 2023-03-22, Day 2 - For Webcasting Purposes
2022-11-01 Appeal hearing scheduled, 2023-03-21
Judgment reserved
2022-10-28 Submission of motion to extend time, Br
2022-10-28 Submission of motion for leave to intervene, Br
2022-10-17 Letter advising the parties of tentative hearing date and filing deadlines (Notice of appeal – As of right)
2022-10-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-17) Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2022-10-13 Reply to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-14, (Printed version filed on 2022-10-18) Canadian Taxpayers Federation
2022-10-11 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-12, (Printed version filed on 2022-10-14) Attorney General of Alberta
2022-10-07 Response to the motion for leave to intervene, (Letter Form), Completed on: 2022-10-11, (Printed version due on 2022-10-17) Attorney General of Canada
2022-10-05 Notice of name, (Letter Form), (Printed version filed on 2022-10-05) Lummi Nation
2022-10-05 Motion to extend time, (Included in the motion for leave to intervene), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-10-05) Lummi Nation
2022-10-05 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-10-05) Lummi Nation
2022-09-29 Order by, Reg, IT IS HEREBY ORDERED THAT:

Pursuant to Rule 6(1) of the Rules of the Supreme Court of Canada:

Any attorney general intervening in this appeal under Rule 33(4) of the Rules of the Supreme Court of Canada shall serve and file a factum not to exceed twenty (20) pages in length and book of authorities, if any, on or before December 21, 2022.

Judgment accordingly
2022-09-29 Correspondence received from, (Letter Form), the respondent, RE: Filing Deadlines, (Printed version due on 2022-10-07) Attorney General of Alberta
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-10-03) Centre québécois du droit de l'environnement
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-10-03) First Nations Major Projects Coalition
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Explorers and Producers Association of Canada
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-29) Explorers and Producers Association of Canada
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Oceans North Conservation Society
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) Oceans North Conservation Society
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Motion for leave to intervene, (Book Form), Completed on: 2022-10-04, (Printed version filed on 2022-09-29) Advocates for the Rule of Law
2022-09-28 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version filed on 2022-09-28) Canadian Association of Physicians for the Environment
2022-09-28 Notice of name, (Letter Form), (Printed version due on 2022-10-06) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version due on 2022-10-06) Independent Contractors and Businesses Association, and Alberta Enterprise Group
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Constitution Foundation
2022-09-28 Motion for leave to intervene, (Book Form), Completed on: 2022-10-12, (Printed version filed on 2022-09-28) Canadian Constitution Foundation
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Hydro-Québec
2022-09-28 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/04/22), Completed on: 2022-10-04, (Printed version filed on 2022-09-29) Hydro-Québec
2022-09-28 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Ecojustice Canada Society
2022-09-27 Other book of authorities, (Book Form), Completed on: 2022-10-05, (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Mikisew Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28)
, Completed on: 2022-09-28, (Printed version filed on 2022-09-28) 		Mikisew Cree First Nation
2022-09-27 Notice of name, (Letter Form), (Printed version due on 2022-10-05) Woodland Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/05/22), Completed on: 2022-10-06, (Printed version due on 2022-10-05) Woodland Cree First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22)
Notice of Name-Form 14 (rec' 09/28/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-28) 		Ecojustice Canada Society
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 10/06/22), Completed on: 2022-10-11, (Printed version filed on 2022-09-29) Business Council of Alberta
2022-09-27 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Athabasca Chipewyan First Nation
2022-09-27 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28)
, Completed on: 2022-09-28, (Printed version filed on 2022-09-28) 		Athabasca Chipewyan First Nation
2022-09-26 Notice of name, (Letter Form), (Printed version filed on 2022-09-28) Canadian Taxpayers Federation
2022-09-26 Motion for leave to intervene, (Book Form), Missing: Filing Fee (Rec'd 2022-09-28), Completed on: 2022-09-28, (Printed version filed on 2022-09-28) Canadian Taxpayers Federation
2022-09-23 Correspondence received from, (Letter Form), AGQ, RE: Filing Deadlines, (Printed version due on 2022-10-03) Attorney General of Quebec
2022-09-23 Notice of name, (Letter Form), Amended version filed on September 29, 2022., (Printed version filed on 2022-09-28) Canadian Association of Petroleum Producers
2022-09-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/28/22), Completed on: 2022-12-02, (Printed version filed on 2022-09-28) Canadian Association of Petroleum Producers
2022-09-23 Notice of name, (Letter Form), For West Coast Environmental Law Association
Missing: Proof of Service (rec' 10/05/22), (Printed version filed on 2022-09-23) 		Nature Canada and West Coast Environmental Law Association
2022-09-23 Notice of name, (Letter Form), For Nature Canada
Misssing: Proof of Service (rec' 10/05/22), (Printed version due on 2022-10-03) 		Nature Canada and West Coast Environmental Law Association
2022-09-23 Other book of authorities, (Book Form), Missing: Proof of Service (rec' 10/05/22), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) Nature Canada and West Coast Environmental Law Association
2022-09-23 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec'd 2022-09-27)
Proof of Service (rec' 10/05/22), Completed on: 2022-10-05, (Printed version filed on 2022-09-23) 		Nature Canada and West Coast Environmental Law Association
2022-09-22 Correspondence received from, (Letter Form), AGM, AGNB, AGNS, AGNL, AGPEI and AGS
RE: Filing Deadlines, (Printed version due on 2022-09-29) 		Attorney General of New Brunswick
2022-09-22 Notice of name, (Letter Form), Missing: Proof of Service for the Attorney Generals (rec' 09/26/22), (Printed version filed on 2022-09-23) World Wildlife Fund Canada
2022-09-22 Motion for leave to intervene, (Book Form), Missing: Proof of Service for the Attorney Generals (rec' 09/26/22), Completed on: 2022-09-26, (Printed version filed on 2022-09-23) World Wildlife Fund Canada
2022-09-21 Certificate (on limitations to public access), (Letter Form), (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-21 Notice of name, (Letter Form), (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-21 Motion for leave to intervene, (Book Form), Missing: Filing Fee (rec' 11/28/22), Completed on: 2022-11-28, (Printed version filed on 2022-09-27) File Hills Qu'Appelle Tribal Council and Pasqua First Nation
2022-09-16 Notice of name, (Letter Form), (Printed version due on 2022-09-23) Indian Resource Council
2022-09-16 Motion for leave to intervene, (Book Form), Missing: Filing Fee, Incomplete, (Printed version filed on 2022-09-16) Indian Resource Council
2022-09-01 Certificate of counsel (attesting to record), (Letter Form), (Printed version due on 2022-09-09) Attorney General of Canada
2022-09-01 Certificate (on limitations to public access), (Letter Form), 23A-Appeal documents, (Printed version due on 2022-09-09) Attorney General of Canada
2022-08-31 Appellant's book of authorities, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-08-31 Appellant's record, (Book Form), (13 volumes), Certificate 24 missing-rec'd 2022/09/01, Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-08-31 Appellant's factum, (Book Form), Completed on: 2022-09-01, (Printed version filed on 2022-08-31) Attorney General of Canada
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-15) Attorney General of Ontario
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-11) Attorney General of Prince Edward Island
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version filed on 2022-07-11) Attorney General of Newfoundland and Labrador
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-07, (Printed version due on 2022-07-13) Attorney General of Quebec
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version due on 2022-07-13) Attorney General of British Columbia
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Nova Scotia
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of New Brunswick
2022-07-06 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Manitoba
2022-07-05 Notice of intervention respecting a constitutional question, (Letter Form), Completed on: 2022-07-06, (Printed version filed on 2022-07-08) Attorney General of Saskatchewan
2022-06-22 Order on miscellaneous motion, by JAMAL J.
2022-06-22 Decision on miscellaneous motion, Ja, UPON APPLICATION by the appellant for an order,

1) granting them permission to file a factum in which Parts I to V do not exceed fifty (50) pages in length, and extending the time to serve and file said factum to August 31, 2022;

2) granting the respondent, the Attorney General of Alberta, permission to file a factum in which Parts I to V do not exceed fifty (50) pages in length, and extending the time to serve and file said factum to November 23, 2022;

3) granting any interveners that have been granted leave to intervene in this matter permission to each file a factum not exceeding ten (10) pages in length, and extending the time to serve and file said factum to December 21, 2022;

4) granting any Attorney General intervening in this matter as of right, pursuant to Rule 33(4) of the Rules of the Supreme Court of Canada, permission to each file a factum not exceeding twenty (20) pages in length, and extending the time to serve and file said factum to December 21, 2022;

5) granting both the appellant and the respondent permission to each file a factum not exceeding twenty (20) pages in length in reply to the potential interveners’ facta, on or before February 1, 2023;

AND THE MATERIAL FILED having been read;

IT IS HEREBY ORDERED THAT:

The motion is granted in part.

The appellant shall be entitled to file a factum not exceeding fifty (50) pages in length, and shall serve and file said factum, along with their record and book of authorities, if any, on or before August 31, 2022.

The respondent shall be entitled to file a factum not exceeding fifty (50) pages in length, and shall serve and file said factum, along with their record and book of authorities, if any, on or before November 23, 2022.

The requests surrounding the date for the filing of potential interveners’ facta and the length of said facta will be addressed at a later time.

The request for an order granting leave to both the Attorney General of Canada and the Attorney General of Alberta to serve and file a factum not exceeding twenty (20) pages in length in reply to the potential interveners’ facta, on or before February 1, 2023, will be addressed at a later time.

Judgment accordingly
2022-06-22 Submission of miscellaneous motion, Ja
2022-06-10 Response to miscellaneous motion, (Letter Form), Completed on: 2022-06-20, (Printed version due on 2022-06-17) Attorney General of Alberta
2022-06-09 Letter acknowledging receipt of a notice of appeal, FILE OPENED 2022-06-09
2022-06-08 Notice of miscellaneous motion, (Book Form), Motion regarding filing deadlines with a request to file lengthy factums, Completed on: 2022-06-09, (Printed version due on 2022-06-15) Attorney General of Canada
2022-06-08 Notice of constitutional question(s), (Book Form), Completed on: 2022-06-09, (Printed version due on 2022-06-15) Attorney General of Canada
2022-06-08 Notice of appeal, (Book Form), Completed on: 2022-06-08, (Printed version due on 2022-06-15) Attorney General of Canada

Parties

Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.

Main parties

Main parties - Appellants
Name Role Status
Attorney General of Canada Appellant Active

v.

Main parties - Respondents
Name Role Status
Attorney General of Alberta Respondent Active

Other parties

Other parties
Name Role Status
Attorney General of Ontario Intervener Active
Attorney General of Quebec Intervener Active
Attorney General of New Brunswick Intervener Active
Attorney General of Manitoba Intervener Active
Attorney General of British Columbia Intervener Active
Attorney General of Saskatchewan Intervener Active
Attorney General of Newfoundland and Labrador Intervener Active
Indian Resource Council Intervener Active
File Hills Qu'Appelle Tribal Council and Pasqua First Nation Intervener Active
World Wildlife Fund Canada Intervener Active
Nature Canada and West Coast Environmental Law Association Intervener Active
Canadian Association of Petroleum Producers Intervener Active
Canadian Taxpayers Federation Intervener Active
Athabasca Chipewyan First Nation Intervener Active
Business Council of Alberta Intervener Active
Ecojustice Canada Society Intervener Active
Woodland Cree First Nation Intervener Active
Mikisew Cree First Nation Intervener Active
Hydro-Québec Intervener Active
Canadian Constitution Foundation Intervener Active
Independent Contractors and Businesses Association, and Alberta Enterprise Group Intervener Active
Canadian Association of Physicians for the Environment Intervener Active
Advocates for the Rule of Law Intervener Active
Oceans North Conservation Society Intervener Active
Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc. Intervener Active
Explorers and Producers Association of Canada Intervener Active
First Nations Major Projects Coalition Intervener Active
Centre québécois du droit de l'environnement Intervener Active
Lummi Nation Intervener Active

Counsel

Party: Attorney General of Canada

Counsel
Christopher M. Rupar
Dayna Anderson
Bruce Hughson
Kerry Boyd
James Elford
Attorney General of Canada
Department of Justice Canada
50 O'Connor Street, Suite 500, room 556
Ottawa, Ontario
K2P 6L2
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca

Party: Attorney General of Alberta

Counsel
E. Bruce Mellett
Bradley Gilmour
Sean Assie
Christine Enns
Adam J. Williams
Bennett Jones LLP
4500, 855 - 2nd Street SW
Calgary, Alberta
T2P 4K7
Telephone: (403) 298-3319
FAX: (403) 265-7219
Email: MellettB@bennettjones.com
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of Saskatchewan

Counsel
Thomson Irvine, K.C.
Noah Wernikowski
Attorney General for Saskatchewan
Constitutional Law Branch
820 - 1874 Scarth Street
Regina, Saskatchewan
S4P 4B3
Telephone: (306) 787-6307
FAX: (306) 787-9111
Email: tom.irvine@gov.sk.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of Manitoba

Counsel
Charles Murray
Department of Justice
Constitutional Law section
1205 – 405 Broadway
Winnipeg, Manitoba
R3C 3L6
Telephone: (204) 330-2268
FAX: (204) 945-0053
Email: charles.murray@gov.mb.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of New Brunswick

Counsel
Michaels Hynes
Isabel Lavoie-Daigle
Attorney General of New Brunswick
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of British Columbia

Counsel
Jonathan G. Penner
J. Gareth Morley
Attorney General of British Columbia
Legal Services Branch / Ministry of Attorney General
P.O. Box 9280 Stn Prov Govt
Victoria, British Columbia
V8W 9J7
Telephone: (250) 952-0122
FAX: (250) 356-9154
Email: jonathan.penner@gov.bc.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Attorney General of Quebec

Counsel
Frédéric Perreault
Ministère de la Justice du Québec
Direction du droit constitutionnel et autochtone
1200, route de l'Église, 4e étage
Québec, Quebec
G1V 4M1
Telephone: (418) 643-1477 Ext: 20785
FAX: (418) 644-7030
Email: frederic.perreault@justice.gouv.qc.ca
Agent
Pierre Landry
Noël et Associés, s.e.n.c.r.l.
225, montée Paiment
2e étage
Gatineau, Quebec
J8P 6M7
Telephone: (819) 771-7393
FAX: (819) 771-5397
Email: p.landry@noelassocies.com

Party: Attorney General of Newfoundland and Labrador

Counsel
Justin S.C. Mellor
Attorney General of Newfoundland and Labrador
4th Floor, East Block, Confederation Bldg.
P.O. Box 8700
St. John's, Newfoundland & Labrador
A1B 4J6
Telephone: (709) 729-0163
FAX: (709) 729-2129
Email: jmellor@gov.nl.ca
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Attorney General of Ontario

Counsel
Joshua Hunter
Yashoda Ranganathan
Attorney General of Ontario
Constitutional Law Branch
720 Bay Street, 4th Floor
Toronto, Ontario
M7A 2S9
Telephone: (416) 908-7465
FAX: (416) 326-4015
Email: joshua.hunter@ontario.ca
Agent
Nadia Effendi
Borden Ladner Gervais LLP
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com

Party: Indian Resource Council

Counsel
L. Douglas Rae
Brooke Barrett
Rae and Company
900 - 1000 5th Avenue S.W.
Calgary, Alberta
T2P 4V1
Telephone: (403) 264-8389
FAX: (403) 264-8399
Email: lorddoug@raeandcompany.com
Agent
Matthew Estabrooks
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 788-3573
Email: matthew.estabrooks@gowlingwlg.com

Party: File Hills Qu'Appelle Tribal Council and Pasqua First Nation

Counsel
Ryan Lake
Geneviève Boulay
Maurice Law
602 12th Avenue SW, Suite 100
Calgary, Alberta
T2R 1J3
Telephone: (403) 266-1201 Ext: 236
FAX: (403) 266-2701
Email: rlake@mauricelaw.com

Party: World Wildlife Fund Canada

Counsel
Martin Olszynski
Avnish Nanda
Nanda & Company
10007 - 80 Avenue NW
Edmonton, Alberta
T6E 1T4
Telephone: (780) 801-5324
FAX: (587) 318-1391
Email: avnish@nandalaw.ca

Party: Nature Canada and West Coast Environmental Law Association

Counsel
Anna Johnston
West Coast Environmental Law
700 - 509 Richards Street
Vancouver, British Columbia
V6B 2Z6
Telephone: (604) 601-2508
FAX: (604) 684-1312
Email: ajohnston@wcel.org

Party: Canadian Association of Petroleum Producers

Counsel
Robert L. Martz
Burnet, Duckworth & Palmer
2400, 525 - 8 Avenue SW
Calgary, Alberta
T2P 1G1
Telephone: (403) 260-0393
FAX: (403) 260-0332
Email: rmartz@bdplaw.com

Party: Canadian Taxpayers Federation

Counsel
R. Bruce E. Hallsor
Josh A. Bloomenthal
Crease Harman LLP
1070 Douglas Street
Unit 800
Victoria, British Columbia
V8W 2C4
Telephone: (250) 388-5421
FAX: (250) 388-4294
Email: Bhallsor@crease.com
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Athabasca Chipewyan First Nation

Counsel
Eamon Murphy
Tara McDonald
Woodward & Company Lawyers LLP
200 -1022 Government Street
Victoria, British Columbia
V8W 1X7
Telephone: (250) 383-2356
FAX: (250) 380-6560
Email: eamon@woodwardandcompany.com
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Business Council of Alberta

Counsel
Maureen E. Killoran, K.C.
Sean Sutherland
Brodie Noga
Osler, Hoskin & Harcourt LLP
Suite 2700, Brookfield Place
225 - 6th Avenue S.W.
Calgary, Alberta
T2P 1N2
Telephone: (403) 260-7000
FAX: (403) 260-7024
Email: mkilloran@osler.com
Agent
Geoffrey Langen
Osler, Hoskin & Harcourt LLP
Suite 320, World Exchange Plaza
100 Queen St
Ottawa, Ontario
K1P 1J9
Telephone: (613) 235-7234
FAX: (613) 235-2867
Email: glangen@osler.com

Party: Ecojustice Canada Society

Counsel
Joshua Ginsberg
Anna McIntosh
Ecojustice Canada Society
216 - 1 Stewart Street
Ottawa, Ontario
K1N 7M9
Telephone: (613) 903-5898 Ext: 700
FAX: (613) 916-6150
Email: jginsberg@ecojustice.ca

Party: Woodland Cree First Nation

Counsel
Robert Reynolds, K.C.
Alberta Counsel
800, 9707-110 Street, NW
Edmonton, Alberta
T5K 2L9
Telephone: (780) 652-1282
FAX: (780) 652-1312
Email: r.reynolds@albertacounsel.com
Agent
D. Lynne Watt
Gowling WLG (Canada) LLP
160 Elgin Street
Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-8695
FAX: (613) 788-3509
Email: lynne.watt@gowlingwlg.com

Party: Mikisew Cree First Nation

Counsel
Tim Dickson
Mae Price
JFK Law Corporation
340-1122 Mainland Street
Vancouver, British Columbia
V6B 5L1
Telephone: (604) 687-0549
FAX: (607) 687-2696
Email: tdickson@jfklaw.ca
Agent
Marie-France Major
Supreme Advocacy LLP
340 Gilmour Street
Suite 100
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca

Party: Hydro-Québec

Counsel
Dominique Amyot-Bilodeau
Jean Lortie
Mathieu Bernier-Trudeau
Simon Bouthillier
McCarthy Tétrault, s.e.n.c.r.l., s.r.l.
1000 rue de la Gauchetière Ouest, Bureau 2500
Montréal, Quebec
H3B 0A2
Telephone: (514) 397-4100
FAX: (514) 875-6246
Email: damyotbilodeau@mccarthy.ca

Party: Canadian Constitution Foundation

Counsel
Brett R. Carlson
Aidan N. Paul
Peter Banks
Borden Ladner Gervais LLP
Centennial Place, East Tower
1900-520 3rd Ave SW
Calgary, Alberta
T2P 0R3
Telephone: (403) 232-9500
FAX: (403) 266-1395
Email: bcarlson@blg.com

Party: Independent Contractors and Businesses Association, and Alberta Enterprise Group

Counsel
Peter A. Gall, K.C.
Gall Legge Grant Zwack LLP
1199 West Hastings Street
Suite 1000
Vancouver, British Columbia
V6E 3T5
Telephone: (604) 891-1187
Email: pgall@glgzlaw.com
Agent
Albert Brunet
CazaSaikaley LLP
220 Laurier Avenue W, Suite 1420
Ottawa, Ontario
K1P 5Z9
Telephone: (613) 565-2292 Ext: 214
FAX: (613) 565-2087
Email: abrunet@plaideurs.ca

Party: Canadian Association of Physicians for the Environment

Counsel
Shaun Fluker
David V. Wright
Sharon L. Mascher
University of Calgary
2500 University Drive NW
Calgary, Alberta
T2N 1N4
Telephone: (403) 220-4939
FAX: (403) 282-8325
Email: sfluker@ucalgary.ca
Agent
Bijon Roy
Champ and Associates
43 Florence Street
Ottawa, Ontario
K2P 0W6
Telephone: (613) 237-4740
FAX: (613) 232-2680
Email: broy@champlaw.ca

Party: Advocates for the Rule of Law

Counsel
Brandon Kain
Holly Kallmeyer
Asher Honickman
McCarthy Tétrault LLP
Suite 5300
Toronto Dominion Bank Tower
Toronto, Ontario
M5K 1E6
Telephone: (416) 601-7821
FAX: (416) 868-0673
Email: bkain@mccarthy.ca

Party: Oceans North Conservation Society

Counsel
David W.L. Wu
Arvay Finlay LLP
360 - 1070 Douglas Street
Victoria, British Columbia
V8W 2C4
Telephone: (604) 696-9828
FAX: (888) 575-3281
Email: dwu@arvayfinlay.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Canadian Environmental Law Association, Environmental Defence Canada Inc., and MiningWatch Canada Inc.

Counsel
Richard D. Lindgren
Joseph F. Castrilli
Canadian Environmental Law Association
130 Spadina, Suite 301
Toronto, Ontario
M5V 2L4
Telephone: (416) 960-2284
FAX: (416) 960-9392
Email: lindgrer@lao.on.ca
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com

Party: Explorers and Producers Association of Canada

Counsel
Kylan Kidd
Burnet, Duckworth & Palmer
2400, 525 - 8th Avenue SW
Calgary, Alberta
T2P 1G1
Telephone: (403) 260-0109
Email: kkidd@bdplaw.com

Party: First Nations Major Projects Coalition

Counsel
Ryan Beaton
Jesse McCormick
S. Ronald Stevenson
Juristes Power
401 West Georgia Street
Suite1660
Vancouver, British Columbia
V6B 5A1
Telephone: (604) 260-4462
FAX: (604) 259-6007
Email: rbeaton@juristespower.ca
Agent
Jonathan Laxer
Power Law
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca

Party: Centre québécois du droit de l'environnement

Counsel
David Robitaille
Marc Bishai
Centre québécois du droit de l'environnement
454, avenue Laurier Est
Montréal, Quebec
H2J 1E7
Telephone: (514) 991-9005
FAX: (514) 844-7009
Email: david.robitaille@uottawa.ca
Agent
Jonathan Laxer
Power Law
50 rue O’Connor
Bureau 1313
Ottawa, Ontario
K1P 6L2
Telephone: (613) 907-5652
FAX: (613) 907-5652
Email: jlaxer@powerlaw.ca

Party: Lummi Nation

Counsel
John W. Gailus
Courtenay Jacklin
DGW Law Corporation
2nd Floor, 736 Broughton Street
Victoria, British Columbia
V8W 1E1
Telephone: (250) 361-9469
FAX: (250) 361-9429
Email: john@dgwlaw.ca
Agent
Moira Dillon
Supreme Law Group
1800 - 275 Slater Street
Ottawa, Ontario
K1P 5H9
Telephone: (613) 691-1224
FAX: (613) 691-1338
Email: mdillon@supremelawgroup.ca

Summary

Keywords

Constitutional law — Division of powers — Environment — Whether Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28 (“IAA”), is intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Physical Activities Regulations, SOR/2019 285 (“Regulations”), are intra vires the legislative authority of the Parliament of Canada under the Constitution Act, 1867 — Whether the Court of Appeal of Alberta erred in its characterization of the pith and substance of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its classification of the IAA and Regulations — Whether the Court of Appeal of Alberta erred in its application of the doctrine of interjurisdictional immunity to disapply the IAA and Regulations.

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Government of Alberta sought the Court of Appeal of Alberta’s opinion on the constitutionality of the Impact Assessment Act, S.C. 2019, c. 28, s. 1 (“IAA”) (found in Part 1 of Bill C 69, entitled An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28) and one of its associated regulations, the Physical Activities Regulations, SOR/2019 285 (“Regulations”). The questions posed via Order in Council 160/2019 were as follows:

1. Is Part 1 of An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts, S.C. 2019, c. 28, unconstitutional in whole or in part, as being beyond the legislative authority of the Parliament of Canada under the Constitution of Canada?

2. Is the Physical Activities Regulations, SOR/2019 285, unconstitutional in whole or in part by virtue of purporting to apply to certain activities listed in Schedule 2 thereof that relate to matters entirely within the legislative authority of the Provinces under the Constitution of Canada?

The majority of the Court of Appeal of Alberta was of the opinion that the IAA is ultra vires Parliament, and that the IAA and Regulations are unconstitutional. Greckol J.A., dissenting, was of the opinion that the IAA and Regulations are a valid exercise of Parliament’s authority to legislate on the matter of the environment.

Lower court rulings

May 10, 2022
Court of Appeal of Alberta (Calgary)

1901-0276AC, 2022 ABCA 165

The Impact Assessment Act, S.C. 2019, c. 28, s. 1, and the Physical Activities Regulations, SOR/2019-285, are unconstitutional.

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Date modified: 2025-02-27