Leclair J. (2023). ‘Tis a rock — a crag — a cape? A cape? say rather a peninsula!’ The Supreme Court of Canada’s Revisitation of the National Concern Doctrine, Vol. 108, Second Series, The Supreme Court Law Review, 3-28.
After providing an overview of the jurisprudential context prior to the References re Greenhouse Gas Pollution Pricing Act, this paper examines how the majority in that judgment refashioned the national concern doctrine to allow both levels of government to legislate over the very same matter of carbon pricing.