Jurisdictional Dilemmas in Resource Industries

Authors

  • William M. Elliott

DOI:

https://doi.org/10.29173/alr590

Keywords:

Energy Law, Petroleum Law

Abstract

This paper highlights constitutional dilemmas posed by the Canadian constitution in matters of resource regulation, marketing and taxation, with particular em phasis on Saskatchewan. The background to and impact of the CIGOL case is examined, including discussion of the issues of direct taxation and the trade and commerce power. Ancillary matters such as recovery of payments under invalid laws and techniques of interim relief also receive scrutiny. Similar problems in the potash and uranium industries are analyzed.

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