CHRISTMAS CONSTITUTIONAL I have decided to return to my habit of lightheartedly looking back at the year. (Looking back on previous years I am struck by how many issue remain the same. see - 2015 2012 2011 ) To be sung to Walking in a Winter Wonderland. I am the...
The Federal Court issued its decision in Courtoreille v Governor General in Council 2014 FC 1244 on December 19th. In this case, Chief Steve Courtoreille – on behalf of himself and the Mikisew Cree First Nation – sought relief for the federal government’s failure to...
Section 91 (12) of Canada’s Constitution clearly states that “Sea Coast and Inland Fisheries” are the jurisdiction of the federal government. It appears, though, that the federal government might no longer want this authority, as a recent proposed regulation is set on deferring management of...
As part of its Omnibus Budget Bill last year, the government passed significant changes to the federal Fisheries Act which came into force November 25th (see Order in Council P.C. 2013-1107).These changes mark the end of the prohibition against the harmful alteration, disruption or destruction...
Earlier this month, the Report of the Commissioner of the Environment and Sustainable Development (the “Report”) was released. This Report is the first issued since the departure of Scott Vaughn from his role as Commissioner of the Environment and Sustainable Development last year. The Report focuses...
It has been about a year since the federal government introduced Bills C-38 and C-45 which have weakened Canada’s environmental laws.Among other things, Bill C-38 contained significant changes to the Fisheries Act. Implementation of these changes means that the level of protection for Canadian fisheries...
By Brenda Heelan Powell, Staff Counsel As you may recall, in late April 2012, the federal government introduced Bill C-38: An Act to Implement Certain Provisions of the Budget tabled in Parliament on March 29, 2012 and Other Measures which received Royal Assent on June 29,...
In late April 2012, the federal government introduced Bill C-38: An Act to Implement Certain Provisions of the Budget tabled in Parliament on March 29, 2012 and Other Measures which received Royal Assent on June 29, 2012 and is now known as the Jobs, Growth...
On the verge of the end of Rio +20 and the passage of the federal budget bill (C-38), I felt it worthwhile to do some math. Rio +20 is intended to move “sustainable development” into 2012 and beyond. Yet, Canada has just referred its sweeping...
By Adam Driedzic, Staff Counsel Federal Bill C-469, the Private Members’ proposal for a Canadian Environmental Bill of Rights, has passed second reading in the House of Commons and will be considered by the Standing Committee on Environment and Sustainable Development. Environmental bills of rights are emerging...
Last week, the Canadian Press reported the results of a two-year long information request regarding a database held by Environment Canada on spills. The results are disturbing, but not surprising. The Canadian Press claims that the database lists 6,555 spills in 18 metropolitan areas since...
The scales of just-fish: are letters of advice crappie ways to minnow-mize harm? The case of Cassiar Watch The federal Fisheries Act R.S.C. 1985, c. F-14 is one of Canada’s oldest and most important environmental laws. Sections 35 and 36 of the Act are directed...