Provincial Rights

Each level of government must respect the division of powers.

Alberta’s Impact Assessment Act challenge (Intervention)

In 2023, the Supreme Court of Canada determined most of the IAA was unconstitutional, finding it allowed the federal government to regulate projects outside its jurisdiction. Late last year, Parliament made minor amendments to the act, which Alberta argues do little to render the law constitutional.

Interprovincial travel case intervention (Taylor v. Canada)

On September 18, 2024 the Canadian Constitution Foundation announced it had been granted intervener status in an upcoming Supreme Court of Canada case on the constitutionality of Newfoundland and Labrador’s pandemic travel restrictions and whether Canadian citizens have a constitutionally-protected right to interprovincial travel. The case Taylor v. Canada arises from a matter in which…

Interprovincial free trade: Artisan Ales trade complaint against Alberta

With the help from the Canadian Constitution Foundation, Artisan Ales, a small Calgary owned-and-operated import agency, initiated a complaint against the Government of Alberta under the AIT. The complaint alleged that the Government of Alberta, through a tax and rebate policy that favours Alberta beers over the beers of other provinces, is failing to honour…

R v. Comeau (Interprovincial free trade)

Do you think it is right to fine a retiree for buying alcohol in another province and bring it back across the border? We sure don’t! The Canadian Constitution Foundation is proud to support Gerard Comeau and his lawyers Ian Blue, Arnold Schwisberg and Mikael Bernard in their constitutional challenge to portions of the New…

Fighting unconstitutional trade discrimination: Steam Whistle v. AGLC

On December 14, 2018, the Alberta Court of Appeal granted the Canadian Constitution Foundation leave to intervene in the appeal of the Steam Whistle v. AGLC decision, in which two out-of-province beer companies successfully challenged unconstitutional discrimination by Alberta against their products. This case concerns the Government of Alberta’s beer policies since October 2015 and…