Simon's Legal Resources

(Ontario/Canada)

EVIDENCE | ADMINISTRATIVE LAW | SPPA / Fairness (Administrative)
SMALL CLAIMS / CIVIL LITIGATION / CIVIL APPEALS / JUDICIAL REVIEW / Something Big

Home / About / Democracy, Law and Duty / Testimonials / Conditions of Use

Civil and Administrative
Litigation Opinions
for Self-Reppers


TOPICS

(What's a Topic?)

Constitution (Non-Charter) - Territorial Jurisdiction

. Sierra Club Canada Foundation v. Canada (Environment and Climate Change)

In Sierra Club Canada Foundation v. Canada (Environment and Climate Change) (Fed CA, 2026) the Federal Court of Appeal dismissed an appeal, this brought against the earlier dismissal of a JR respecting a project "to tap oil and gas reserves far under the ocean floor and transport them to market".

Here the court considers the territorial jurisdiction of federal environmental assessments:
[29] Second, the Federal Court noted that there are issues of territorial jurisdiction: Parliament has no authority over the waters in issue here, which, to reiterate, are 500 kilometers from the Canadian shore. In particular, the Federal Court held that (at para. 80) "“[t]he Project is located 500 kilometers from the coast of Canada, well beyond the legislative authority of Parliament, and there is uncertainty about the destination of the oil from the Project site”" and so "“it [is] impossible to assess marine shipping”". These findings are correct and unassailable.

CC0

Unless authorship is otherwise stated or obvious from the context, all
written materials in this website were created by Simon Shields, who
waives all of his copyright and related or neighboring rights to this
Isthatlegal.ca webpage. Note in particular that this waiver only applies to
Simon's material, as copyright in statutory/regulatory materials and
case extracts were never his to give away.




Last modified: 12-06-26
By: admin