In a ground breaking decision on Friday, October 8, 2021 the United Nations Human Rights Council recognized the right to a clean, healthy and sustainable environment.
Resolution 48/13 calls on the countries throughout the world to work cooperatively in the implementation of this new right to a healthy environment. The text of the regulation was…
On February 26, 2020, Bill C-230, a private member’s bill, was introduced by Nova Scotia MP Lenore Zann to seek environmental justice in Canada.
Bill C-230 requires the Minister of the Environment to develop a national strategy to promote efforts across Canada to address the harm caused by environmental racism (the “Bill”). On June…
On July 22, 2020 a 23 year old individual led the filing of a class action lawsuit against the Australian government alleging that the government failed to disclose the material risk of climate change to investors in government bonds1. Instead of seeking damages the relief sought seeks to require the government to improve its climate…
On July 12, 2020 a special virtual hearing was held to argue whether the case brought by seven young people1 against the Ontario government alleging that the watered down provincial climate targets in 2018 violated the Charter rights to life, liberty and security of the person should be dismissed.
The case challenges the decision of…
On May 14, 2020 the Supreme Court of Canada (“Supreme Court”) dismissed Taseko Mines Limited’s (“Taseko Mines”) application for leave to appeal a decision of the federal court of appeal. The decision of the Supreme Court resulted in the refusal of the approval for Taseko Mines $1.5-billion dollar proposed open-pit copper and gold mine. This…
We
have written numerous blogs over the years on the difference between inspections
vs. investigations. This blog is a reminder on the general distinction between
an inspection as opposed to an investigation and the authority of Provincial
Officers (“PO”) and outlines the aspects of a strict liability offence and the
available defences. This blog is…
In R v Great Lakes Stevedoring Company Ltd,[1]companies are given a stark
reminder that provincial environmental laws and regulations must be complied
with notwithstanding compliance with all applicable federal laws and
regulations and operating exclusively on federal property.
Great Lakes Stevedoring Company Ltd. (“Great Lakes”), a stevedoring operation on the
Welland Canal in the St.…
Reinsurance is the insurance that is purchased by another insurance company to partially insulate itself from the risk of major claims events. Reinsurance companies provide insurance against loss for other insurance companies, particularly losses related to catastrophic risks such as hurricanes, tsunamis, and the global financial crisis of 2008 – 2009. The repercussions of climate change…
The
protection of our health and environment is a fundamental right of all Canadians.
The recent events of COVID-19 including the designation of essential and
non-essential services, suspension of limitation periods in certain
circumstances has businesses questioning what statues, regulations, standards
or policies have continued to remain in force.
Generally,
those environmental laws, regulations, policies,…
On March 31, 2020 the Alberta government enacted Ministerial Orders suspending existing environmental reporting requirements due to the COVID-19 pandemic. The Ministerial Orders signed by Environment Minister Jason Nixon states “All requirements to report information pursuant to provisions in approvals or registrations are suspended.”
Section 52.1 of the Public Health Act gives a minister with…
