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Published on: 29 Oct 2018 By

A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35

On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Abo…

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Published on: 17 Sep 2018 By

Ontario Files Argument in Court Challenge of Federal Carbon Tax Act

On September 14, 2018, the government of Ontario filed a statement of particulars in the constitutional challenge of the federal government’s Greenhouse Gas Pollution Pricing Act filed on August 1, 2018. By Order in Council the Province set out the question to be addressed by the court as: “…

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Published on: 11 Sep 2018 By

Ontario Superior Court of Justice Sets Aside Provisions of Legislation Cutting Toronto City Council in Half in City of Toronto et al v. Ontario (Attorney General), 2018 ONSC 5151.

In July 2018, merely one month into his new role as Ontario Premier, Doug Ford announced his intention to reduce the number of Councillors in the City of Toronto by almost 50%. Bill 5, Better Local Government Act (“Bill 5”), which received Royal Assent on August 14, 2018, reduced the number …

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Published on: 4 Sep 2018 By

New Fisheries Minister’s Mandate to Advance Bill C-68 – the reform of the Fisheries Act

On August 28, 2018, Prime Minister Trudeau issued a fresh mandate letter to Canada’s new Minister of Fisheries, Oceans and the Canadian Coast Guard, the Honorable Jonathan Wilkinson, who was appointed on July 18, 2018. The minster is directed to implement and develop the Oceans Protection Pl…

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Published on: 24 Aug 2018 By

Ontario Court of Justice Sentences Corporation and its Director to $420,000 Fine and 45-day jail term for Contravention of PCB Regulations of Canadian Environmental Protection Act, 1999

Environment and Climate Change Canada has reported that on August 21, 2018, a Collingwood corporation and its director were sentenced to a $420,000 fine plus a 45-day jail term, for 10 counts of contravening the PCB Regulations under the Canadian Environmental Protection Act, 1999, and one c…

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Published on: 22 Aug 2018 By

Fortis Alberta Ordered to pay $300,000.00 fine for Unreported Oil Spill

On August 15, 2018, the Provincial Court of Alberta ordered the electrical utility, FortisAlberta, to pay a $300,000.00 fine for failing to report an oil spill in a timely manner. The spill related to potentially dangerous polychlorinated biphenyls, or PCBs, in west-central Alberta. While Fo…

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Published on: 20 Aug 2018 By

Divisional Court Refuses to Award Costs in Judicial Review of the White Pines Wind Project

The Honourable Marc Labrosse of the Divisional Court recently refused both moving parties’ demands for costs in the latest iteration of CCSAGE Naturally Green’s (“CCSAGE”) judicial review challenging various administrative decisions relating to the White Pines Wind Project. Labrosse J’s cost…

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Published on: 15 Aug 2018 By

Federal Government Announces Funding for Four Projects Under the Environmental Damages Fund

The Environmental Damages Fund was established in 1995 to direct money received from fines and payments for environmental offences under 10 federal environmental statutes to worthy environmental projects. Eligible projects must be located in the region in which the offence occurred and addre…

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Published on: 2 Aug 2018 By

How Ontario Regulates the Prevention and Containment of Forest Fires

Forest fires in Northern Ontario have been cause for alarm during the last two weeks, with residents in multiple communities being forced to evacuate their homes to escape the flames. Particularly affected is the Parry Sound District, as a result of the fire known as “Parry Sound 33”. This f…

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