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Full-Text Articles in Law
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Canadian Maritime Law Jurisdiction Revisited: Quo Vadis?, Aldo Chircop
Dalhousie Law Journal
Maritime jurisdiction in Canada has to contend with the division of powers between the federal and provincial levels. At times, this fact has challenged Canadian courts in explaining what should be the interface between federal and provincial law in dual aspect cases and in determining the applicable law or finding complementary applications of federal and provincial law. This essay reflects on the evolution of maritime law jurisdiction in Canada since the establishment of the Federal Court of Canada in 1971. It discusses the imperative of stability and reality of change in maritime law jurisdiction since then with a focus on …
Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston
Putting The Constitutional Horse Before The Cart: Federal Jurisdiction Over Next Generation Environmental Assessment, Anna Johnston
LLM Theses
This thesis explores the extent of federal jurisdiction over a next generation environmental assessment (EA) model proposed by Sinclair, Doelle and Gibson. Examining the jurisprudence and literature, it analyses the scope of federal constitutional authority during the triggering, information-gathering and analysis and decision-making stages of project, strategic and regional assessment. A federal next generation EA law focused on impacts on areas of federal authority could be upheld under various federal constitutional heads of power. Federal jurisdiction is most important at decision-making, and authority to trigger an assessment should be based on the low jurisdictional threshold of reasonable probability of federal …