David V. Wright

Appeal court rules in favour of Ottawa's toxic plastic listing | CBC News In a victory for the Liberal government, the Federal Court of Appeal has upheld its decision to list plastics as toxic, enabling Ottawa to ban single-use plastic items.

TLDR Media coverage of same:

www.cbc.ca/news/politic...

Huge win for environmental law today as Federal Court of Appeal reverses lower court by upholding federal listing of Plastic Manufactured Items as toxic. Expect fireworks from all sides politically, but this is a helpful step in clarifying this area of the law.

decisions.fca-caf.ca/fca-caf/deci...

What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces? By: Nigel Bankes Case Commented On: Obligations of States In Respect of Climate Change, Advisory Opinion of the International Court of Justice, July 23, 2025 PDF Version: What Are the Implications …

New Post: What Are the Implications of the International Court’s Climate Change Advisory Opinion for Provinces?

ablawg.ca/2026/01/26...…on-for-provinces/

The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands By: Robert Hamilton Cases Commented On: JD Irving, Limited et al v Wolastoqey Nation, 2025 NBCA 129 CanLII; Wolastoqey Nations v New Brunswick and Canada, et al., 2024 NBKB 203 CanLII. PDF Version:…

New Post: The New Brunswick Court of Appeal Weighs in on Aboriginal Title and Private Lands

ablawg.ca/2026/01/14...…nd-private-lands/

Beauty chinook arch this morning.
No oil required.
#yycbike

On the matter of climate policy rollbacks in a context of the AB-Ottawa MOU, UNDRIP, COP30 and so much else going on. Insightful coverage by Moira Donovan via @cba-nationalmag.bsky.social .
And an @ablawg.bsky.social post in the works to expand on some of this.

Fwiw my read is that there will be a legal mechanism to ensure effective and headline price are the same (at least at a floor level) and the political/policy trade-off here is moving (regressing) from $170 horizon to $130 and timeline TBD.
But show me the laws! This is just fluff for now.

YouTube video by Energi Media BC and Alberta's Pipeline Political Fight Takes a Legal Turn

And here:

m.youtube.com/watch?v=Rt9Q...

Details & analysis on legal aspects here:

- ablawg.ca/2025/09/25/f...

- ablawg.ca/2025/11/14/m...

- energyregulationquarterly.ca/articles/bui...

On the legal details side, Ottawa has all the authority it needs for a targeted Tanker Ban exemption under the new Building Canada Act. But to use it, there needs to be an actual project that is listed under the Act. So far, no proponent so no project. They’ve got a serious sequencing issue here.

Ottawa, Alberta agree to broad outlines of energy deal, including path to pipeline | CBC News Prime Minister Mark Carney and Alberta Premier Danielle Smith have agreed to the broad outlines of a memorandum of understanding that would give Alberta special exemptions from federal environmental l...

Political hot potatoes giving way to cooler heads? Devilish details will matter. Aspects I’ll be watching: language around Indigenous & B.C. consent, target tanker ban exemption vs repeal, pathways plus price tag… and how this all fits in Canada’s carbon budget (or not!).

www.cbc.ca/news/politic...

Haha. Well, it’s a shameless ongoing thing you see. If the law disappoints, we still have humour, right?… Right?!

bsky.app/profile/abla...

PONIs or PHONIs? My latest ABlawg post on the subject of where things stand following yesterday's announcement of the second tranche of "major projects" / PONIs. And an imperfect glossary to try to make sense of the odd mix of terminology circulating.

👍 “we’ll see” is my new motto. So much uncertainty.
(And ps - we are decades overdue for a catch up!)

YouTube video by Energi Media BC and Alberta's Pipeline Political Fight Takes a Legal Turn

Oil pipelines never cease to generate political friction and legal confusion. I spoke w @markhamhislop.bsky.social about the latest Alberta-BC spat and the relevant legal landscape. Might help clear the air to the extent possible, but open legal questions linger.

m.youtube.com/watch?v=Rt9Q...

Helpful modelling from @pembina.org here. Canada and Alberta should both be transparently doing same and then relating it to comprehensive emission reduction plans and scenarios that demonstrate achieving climate commitments (or not). Present “grand bargain” discourse needs to be contextualized.

Bill to create a new Commissioner of Modern Treaty Implementation re-tabled as Bill C-10. Good to see.

www.parl.ca/legisinfo/en...

First Five Building Canada Act Projects of National Interest (PONIs): Hot to Trot, or All for Naught? By: David V. Wright Matter Commented On: Building Canada Act, SC 2025, c 2, s 4 PDF Version: First Five Building Canada Act Projects of National Interest (PONIs): Hot to Trot, or All for Naught? Af…

First 5 PONIs now identified under the Building Canada Act. But is it a case of hot to trot, or all for naught? TLDR: legal framework is in place to corral PONIs and lead to greenlight pastures. But it behooves the govt to get implementation right at this early juncture.

ablawg.ca/2025/09/25/f...

@ABlawg is having some tech issues this week that we are working to resolve. Will take a few days. But be sure it will be back.

Federal Climate Plans, Policies and Projections: Have no fear, CNZEAA is (still) here? - ABLawg By: David V. Wright Matter Commented On: Implementation of the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22 PDF Version: Federal Climate Plans, Policies and Projections: Have no fear,...

Carbon pricing gone. And now ZEV pause.
www.cbc.ca/news/politic...

As federal GHG emission reduction measures slip, there’s still a legal requirement for the Carney government to present a comprehensive plan at some point. Will slip lead to fall? Under CNZEAA it shouldn’t

ablawg.ca/2025/06/23/f...

What’s going on with federal climate policy? C-5 has taken up a lot of oxygen so it’s fair to wonder. Also fair to fret. We do have a law to reduce risk of backslipping. Is it up to the task? Can we have no fear, or at least less fear, because CNZEAA is still here?
My latest via @ablawg.bsky.social

Ha. True. But it is really going to come down to what projects are on that list. High chance of mis-steps and friction, yes. But also might be possible to harness unicorns.

Key amendment to note:
- Public registry
- More Parliamentary oversight
- National security review
- Conflict of interest safeguards
- Explicit consent of provinces
- Stronger language re Indigenous consultation (but still not consent)

Upshot: still ‘leap before you look’ but less reckless.

Update: Bill C-5 will pass third reading today. Now senate for most of next week. Finish line likely next Friday. BUT amendments from house committee mostly adopted. These create some guardrails and constraints that steer toward transparency and accountability.

www.ourcommons.ca/DocumentView...

New Post: Provincial Referendum Legislation, Citizen-Led Secession Proposals, and Non-Derogation Clauses

ablawg.ca/2025/06/11...

I think at least part of the logic, legit or not, is that the NIPs will be ‘well advanced’ enough that what would be accomplished in the planning phase is already done. That, and the planning phase is at least 180 days under the IAA, so low hanging timeframe fruit to trim. We’ll see.

We are hearing 5 - 10 initially

Bill C-5: Move Fast and Make Things, or Move Fast and Break Things? - ABLawg By: David V. Wright and Martin Olszynski Bill Commented On: Bill C-5 - An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act PDF Version: Bill C-5: Move Fast and...

Bill C-5 / Building Canada Act sure ain’t impact assessment; it’s an unprecedented deregulation move in modern times. Serious risk that ‘move fast and make things’ results in move fast and break things’. Leap before you look = risky at best.
w/ @molszyns.bsky.social

ablawg.ca/2025/06/10/b...

Latest reports from Canada’s federal Commissioner of the Environment and Sustainable Development just released:

www.oag-bvg.gc.ca/internet/Eng...

Even giving out assists now