This post is the third of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]
This post is the second of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]
This post is the first of a multi-part series that explores constitutionalizing environmental protections through s. 7 of the Charter in the context of heavy oil processing in Peace River, Alberta. The author is solely responsible for the opinions expressed, and any errors or omissions made. For a PDF version of this post with full […]
The Supreme Court's decision in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29, addressed the question of how much tax was owed by a forestry company on the sale of land with environmental reclamation obligations. It will be of considerable economic significance for all types of resource industries. This can be divined from the range […]
The clichéd David vs. Goliath depiction is one which is often used when describing legal cases. But Ecuador’s Lago Agrio community vs. the Chevron Corporation is one legal battle which aptly fits the analogy. The controversial case has a long history, involving alleged environmental violations in Ecuador’s Amazon region by Texaco (now Chevron) from 1964 […]
In the spirit of increased collegiality and collaboration within the Canadian legal blogging community, LawisCool.com and TheCourt.ca have set aside their heated rivalry to bring you their first ever joint posting. What follows is a commentary on the interesting case of Piedra v. Copper Mesa Mining Corporation, 2010 ONSC 2421. Commentator for LawisCool.com: Omar Ha-Redeye, […]
Newfoundland has failed in its latest effort to compel AbitibiBowater Inc. to clean up industrial sites that the company once owned and operated in the province. The Quebec Court of Appeal decision in Newfoundland v. AbitibiBowater Inc., 2010 QCCA 965, denied the province leave to appeal of an earlier decision by the Superior Court in […]
Last week marked a pivotal turning point in the development of Aboriginal law and the demarcation of federal-provincial jurisdiction. For the first time ever, the SCC was faced with the challenge of interpreting the James Bay and Northern Quebec Agreement (the Treaty) in its decision in Quebec (Attorney General) v. Moses, 2010 SCC 17. The […]
On January 21, 2010, the Supreme Court of Canada ("SCC") released its judgment on MiningWatch Canada v Canada (Fisheries and Oceans), [2010] 1 SCR 6 [MiningWatch]. MiningWatch deals with the level of discretion that federal ministries have in determining the scope of a given project for the purposes of undertaking an environmental assessment. Writing for the […]
In Friends of the Oldman River Society v. Canada, [1992] 1 S.C.R. 3, Justice LaForest wrote that an "[e]nvironmental impact assessment is, in its simplest form, a planning tool that is now generally regarded as an integral component of sound decision-making." One of the enumerated purposes of the Canadian Environmental Assessment Act, S.C. 1992 c.37, […]