What is the test for national recognition of a national concern?
Canada (Federal), Canada
The following excerpt is from Reference re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 (CanLII):
The second factor is whether international agreements related to the matter exist (para. 149). This, as Rowe J. makes plain, undermines Attorney‑General for Canada v. Attorney‑General for Ontario, 1937 CanLII 362 (UK JCPC), [1937] A.C. 326 (P.C.). Further, it serves as no constraint whatsoever on the recognition of a national concern. That is, while the absence of international agreements will not militate against recognition of a national concern, the presence of such agreements — depending on their content — may support recognition of a national concern.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the state of the law on national security concerns? (MultiRegion, United States of America)
What is the case law on national security and international relations in the context of national security considerations? (Canada (Federal), Canada)
Does an extradition treaty prohibit government authorized or sponsored kidnapping of an individual from the jurisdiction of one of the signatory nations for the purpose of trying him in the courts of the other signatory nation? (MultiRegion, United States of America)
Is there any concern for judicial economy or concern about judicial economy? (Canada (Federal), Canada)
What authority does the Electoral Supervisor have to make administrative decisions concerning "practical application of procedure provisions" under section 16 of the Election Law? (Canada (Federal), Canada)
Does the fact that the Respondent may receive a smaller retirement pension as a result of her inability to access a credit split does not amount to being denied access to a fundamental social institution or a complete non-recognition of a particular group? (Canada (Federal), Canada)
What is the scope of the federal government's authority to regulate the nation's waterways? (MultiRegion, United States of America)
Can a federal district court abstain from exercising jurisdiction in a matter of substantial public concern? (MultiRegion, United States of America)
Does a conversation between a prisoner and a medical professional concerning what medical care is appropriate amount to deliberate indifference? (MultiRegion, United States of America)
Can a Minister of National Revenue waive or cancel all or any portion of any penalty or interest? (Canada (Federal), Canada)
