Summaries Sunday: Supreme Advocacy

One Sunday each month we bring you a summary from Supreme Advocacy LLP of recent decisions at the Supreme Court of Canada. Supreme Advocacy LLP offers a weekly electronic newsletter, Supreme Advocacy Letter, to which you may subscribe. It’s a summary of all Appeals, Oral Judgments and Leaves to Appeal granted from March 15 to April 9, 2021 inclusive.


Constitutional Law: Carbon Tax; Division of Powers
Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (38663)(38781)(39116)

Parliament has jurisdiction to enact this law as a matter of national concern under the “Peace, Order, and good Government” clause of s. 91 of the Constitution. National concern is a well-established but rarely applied doctrine of Canadian constitutional law; the application of this doctrine is strictly limited to maintain the autonomy of the provinces and respect the diversity of Confederation, as is required by the principle of federalism. However, Parliament has the authority to act in appropriate cases, where there is a matter of genuine national concern and where the recognition of that matter is consistent with the division of powers. In this case, Parliament has acted within its jurisdiction.

Leaves to Appeal Granted

Civil Procedure: Public Interest Standing
British Columbia (Attorney General) v. Council of Canadians with Disabilities, 2020 BCCA 241 (39430)

Should this public interest litigation continue.

Criminal Law: Prior Sexual Activity
A.S. v. R., 2020 ONCA (39516)

Constitutionality re prior sexual activity provision.

Tax: Family Trusts
Canada (Attorney General) v. Collins Family Trust, 2020 BCCA 196 (39383)

Are the family trusts herein legitimate re tax.

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