Court of Appeal Overturns Trial Victory for Halalt First Nation
March 22, 2013Legal Updates
In November, 2012, the BC Court of Appeal released its judgment in the case of Halalt First Nation v. British Columbia, 2012 BCCA 472. The Court of Appeal overturned the decision of the trial judge, who held that the provincial Crown had failed to consult with and accommodate the Halalt First Nation (“HFN”) in connection […]
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Payments in Lieu of Taxes: New Supreme Court of Canada Judgment
September 25, 2012Legal Updates
The Supreme Court of Canada has recently released its judgment in the case of Halifax (Regional Municipality) v. Canada (Public Works and Government Services), the second in a line of cases decided by the Supreme Court of Canada with respect to the application of the Federal Payments in Lieu of Taxes Act (the “Act”). This […]
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Protection of Third Party Information Under Access to Information Legislation
May 16, 2012Legal Updates
The Supreme Court of Canada’s recent judgment in the case of Merck Frosst Canada Ltd. v. Canada (Health), 2012 SCC 3 (“Merck”) provides some important guidance and clarification with respect to the protection of third party information when a request for disclosure is made under the federal Access to Information Act. Although the case arose […]
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The Consequences of Failure to Consult with and Accommodate First Nations
March 22, 2012Legal Updates
The B.C. Supreme Court recently issued a judgment of great importance to local governments, in the field of first nations law. Halalt First Nation v. British Columbia (Minister of Environment), 2011 BCSC 945 (“Halalt”) deals with the duty of the Crown to consult with and accommodate first nations, and the consequences of failing to do […]
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Recent Changes to Freedom of Information and Protection of Privacy Act
March 22, 2012Legal Updates
In November of 2011, Bill 3, the Freedom of Information and Protection of Privacy Amendment Act, 2011 became law, resulting in a number of changes to the Freedom of Information and Protection of Privacy Act (the “Act”).
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Catalyst Appeal Dismissed – 2008 Tax Revolt Ends
January 23, 2012Legal Updates
The Supreme Court of Canada (the “SCC”), in a unanimous judgment, has dismissed Catalyst Paper Corporation’s appeal in Catalyst Paper Corp. v. North Cowichan (District), 2012 SCC 2 (“Catalyst”), thus putting an end to the tax revolt of 2008 that saw Catalyst bring court challenges to a number of municipal property tax bylaws on the […]
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Court of Appeal Interprets Riparian Areas Regulation
August 9, 2011Legal Updates
The B.C. Court of Appeal recently issued its judgment in the case of Yanke v. Salmon Arm (City), 2011 BCCA 309, a case involving the interpretation of the Riparian Areas Regulation, B.C. Reg. 376/2004 (the “RAR”). The judgment of the Supreme Court was discussed in the Fall 2010 issue of LoGo Notebook.
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On the Waterfront – Two Recent Cases Examine the Authority to Regulate the Marine Environment
June 3, 2011Legal Updates
The British Columbia courts have recently released two important decisions relating to the constitutional authority of governments to regulate the marine environment. In one of them, Salt Spring Island Local Trust Committee v. B&B Ganges Marina Ltd., 2008 BCCA 544 (“B&B Ganges”), the Court of Appeal examined a local government’s authority to regulate a floating […]
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Tips for Preparing and Registering Section 219 Covenants
June 3, 2011Legal Updates
Section 219 Covenants are without a doubt a very useful part of the local government toolbox in British Columbia. The history and purpose of the Section 219 Covenant is too vast a subject for a brief article such as this one. It is enough to say that a Section 219 Covenant is an agreement between […]
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Selling Land for Local Governments – Part 1
June 3, 2011Legal Updates
Local governments in British Columbia have greater freedom than ever before to sell real property. Gone are the days when it was necessary for Council or the Board to pass a bylaw declaring land surplus. Under the Community Charter and the Local Government Act, a local government requires only a resolution to proceed with the […]
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