A right to a healthy environment
Environmental Law - Siskinds Law Firm
by Paula Lombardi
2y ago
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 proposed by Costa Rica, the Maldives, Morocco, Slovenia and Switzerland and passed with 43 favourable votes with Russia, India, China and Japan abstaining. Following the passing of resolution 48/13 a second resolution was passed, Resolution 48/14, to fo ..read more
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Bill C-230–A time for change
Environmental Law - Siskinds Law Firm
by Paula Lombardi
2y ago
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 22, 2021 the Standing Committee on Environmental and Sustainable Development (the “Committee”) tabled the Bill with amendments in the House of Commons. Three of the four parties represented on the Committee supported the proposed Bill with some amendments inc ..read more
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Climate-Change Litigation: Failure to disclose risks
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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 change policies and also seeks an injunction to stop the government from continuing to market its bonds until the risks of climate change are disclosed. The class action was initiated on behalf of a 23-year old student as the representative of retail investors and ..read more
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Virtual hearing to save the climate
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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 the Ontario government to pass the Cap and Trade Cancellation Act in 2018 that repealed the greenhouse gas reduction targets for 2020, 2030, and 2050 and replaced it with a weaker 2030 target. The basis of the claim is that the government’s reduction of the emissio ..read more
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Tŝilhqot’in Nation wins 30-year battle
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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 decision represented a victory for the Tŝilhqot’in Nation, consisting of six communities, who opposed Taseko Mines’ proposal for approximately 30 years. Taseko Mines proposed to develop an open pit gold and copper mine (“New Prosperity Mine”) located southw ..read more
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A review – inspection vs. investigation?
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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 by no means a comprehensive review and provides a general overview of these important concepts.   We are often asked what is the difference between the environmental term “inspection” versus “investigation”? These two terms are commonly used b ..read more
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Approvals from federal authorities may not protect against charges under provincial environmental laws
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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. Lawrence Seaway was charged with violating Ontario’s Environmental Protection Act (the “EPA”).[2] Prior to trial, Great Lakes challenged the application of the EPA provisions arguing they offended two constituti ..read more
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Wide ranging repercussions of climate change
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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 directly impact the insurance industry. Extreme weather events have resulted in crop losses and considerable damage to buildings and infrastructure. Climate change, predominantly the result of human activ ..read more
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Impact of COVID-19 on Environmental Law
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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, permits and standards that pertain to environmental protection, pollution prevention, biodiversity and conservation, and sustainable development whether federal or provincial remain in ful ..read more
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Environmental reporting suspended in Alberta due to COVID-19
Environmental Law - Siskinds Law Firm
by Paula Lombardi
3y ago
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 power to suspend and/or modify the application that they are responsible for under the Government Organization Act. The Minister of Environment and Parks issued the Ministerial Orders under section 52.1 ..read more
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