“Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection Powers
In a decision released December 14, 2018, the Ontario Court of Appeal clarified the legal test that authorizes a warrantless inspection under s. 156(1) of the Environmental Protection Act, R.S.O. 1990, c. E.19 (“EPA”). Facts of the Case In the case, Ontario (Environment and Climate Change) v…
View the post titled “Protective” and “Preventative” Purpose of Ontario’s Environmental Protection Act Justifies Warrantless Inspection PowersLargest Canadian environmental penalty: $7.5 MM
Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the l…
View the post titled Largest Canadian environmental penalty: $7.5 MMThings we wish judges knew about environmental offences by directors
Dianne Saxe had a precious opportunity to tell judges what we wish they knew about environmental offences by directors and and officers, particularly in relation to sentencing. Our bottom lines: Fairness, Good Science, and the real differences between Foresight and Hindsight. It is rarely co…
View the post titled Things we wish judges knew about environmental offences by directorsEcuador oil pollution claim can try again to collect from Chevron in Canada
Indigenous Ecuadorian villagers can try again to enforce a controversial $18 billion environmental damage award against Texaco (now merged with Chevron Corp., one of the world’s largest corporations) in Canada. This is part of a worldwide legal battle between the villagers, seeking to …
View the post titled Ecuador oil pollution claim can try again to collect from Chevron in CanadaAnother environmental conviction for Ministry of Transportation
In an unusual turn of events, Ontario’s Ministry of Transportation has had two Fisheries Act convictions this fall: one for road construction and design, the other for road maintenance.
View the post titled Another environmental conviction for Ministry of Transportation$17,500 penalty for importing hazardous batteries without permit
Toxco Waste Management Ltd., of Trail, B.C., was ordered to pay $17,500 to the Environmental Damages Fund (EDF) by the Provincial Court of British Columbia after pleading guilty to importing waste lithium batteries exceeding the limit set out in its import permit. This action contravened the…
View the post titled $17,500 penalty for importing hazardous batteries without permitEnvironmental Violations Administrative Monetary Penalties
The federal Environmental Violations Administrative Monetary Penalties Act is now in force. In June 2009, the federal government passed the Environmental Enforcement Act, to amend nine existing environmental statutes and to create the Environmental Violations Administrative Monetary Penaltie…
View the post titled Environmental Violations Administrative Monetary PenaltiesHaiti, deforestation and environmental collapse
Deforestation (together with corruption and violence) had brought Haiti close to environmental collapse even before this week’s tragic earthquake. See, for example http://video.nytimes.com/video/2010/01/13/world/americas/1247466532047/haiti-s-legacy-of-environmental-disaster.html. See …
View the post titled Haiti, deforestation and environmental collapseReceive Blog Posts
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