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Canada Impact Assessments Constitutional Challenges

Davies Ward Phillips & Vineberg LLP

Federal Impact Assessment: Legislative Amendments and Cabinet Directive

The Canadian government recently enacted the highly anticipated amendments to the Impact Assessment Act (IAA). These amendments, which came into force on June 20, 2024, address the constitutional overreach in the IAA, as...more

Stikeman Elliott LLP

Majority of Supreme Court Finds Federal Impact Assessment Act Largely Unconstitutional

Stikeman Elliott LLP on

On October 13, 2023, the Supreme Court of Canada (“SCC”) released Reference re Impact Assessment Act,2023 SCC 23 (“SCC Reference”), in which the majority found a large portion of the federal Impact Assessment Act, SC 2019, c...more

Stikeman Elliott LLP

“Federalism is Fundamental to Canada’s Existence”: Impact Assessment Act is Unconstitutional According to the Alberta Court of...

Stikeman Elliott LLP on

On May 10, 2022, the Alberta Court of Appeal released its decision on the constitutionality of the Impact Assessment Act and Physical Activities Regulations (collectively, the "IAA"). The IAA was enacted with the purpose of...more

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