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    Brad has extensive experience in civil litigation, Indigenous law, administrative and constitutional law, and environmental law. He represents clients involved with land use issues, project development, regulatory ...

On January 14, the Supreme Court of British Columbia found that the Province had improperly abdicated its decision making authority with respect to the Enbridge Northern Gateway Project by entering into an Equivalency Agreement with the federal government. Furthermore, the Court found that the Province had breached its duty to consult with First Nations by not ...

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Introduction

On June 26, 2014, the Supreme Court of Canada (“SCC”) released its much anticipated decision on Aboriginal title in the Tsilhqot’in case and surprised many by granting the Tsilhqot’in Nation a declaration of Aboriginal title to approximately 200,000 hectares (2,000 km2) of land.

The Tsilhqot’in case is the first case decided by the SCC granting ...

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Posted in Environmental

On April 17, 2012 the federal government announced its Plan For Responsible Resource Development, setting out further details on steps to implement proposals for streamlining the federal environmental assessment (“EA”) process.  This Plan follows on the heels of the federal budget and the Statutory Review of the Canadian Environmental Assessment Act, which both ...

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Posted in Environmental

On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process (click on Print Format for the complete report).

The recommendations focus on:

  • improving timeliness;
  • decreasing duplication with provincial processes;
  • improving aboriginal ...
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As reported in previous issues through its not for profit corporation, the Sandy Pond Alliance has launched a challenge to sections 5 and 27.1, and Schedule 2 of the Metal Mining Effluent Regulations (“MMER”).  Where a mining project cannot operate its tailing impoundment area in compliance with the thresholds set out in the MMER, adding a water body to Schedule 2 permits ...

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On November 2, 2010 Federal Environment Minister Jim Prentice announced that federal authorities would not grant required federal approvals for the proposed Prosperity mine near Williams Lake in interior British Columbiadue to the potential for adverse environmental impacts associated with the project.  The Prosperity project underwent environmental assessments ...

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Ontario’s Open for Business Act, which received Royal Assent on October 25, 2010, included significant amendments to the Ontario Environmental Protection Act and Ontario Water Resources Act intended to reduce administrative burden for businesses seeking operational approvals.  Most will be phased in over time.  Significant changes include the following:

  • Potential ...
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In West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359 (the “First Coal Decision”) West Moberly First Nation successfully challenged the issuance of three Crown permits to First Coal related to bulk sampling of coal, advanced exploration drilling, and timber cutting near Chetwynd on Treaty 8 lands.

Williamson J. held that ...

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Posted in Mining

Bill C-9, An Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures, was introduced in the House of Commons on March 30, 2010.

Of particular interest is Part 20 of the Act, which purports to amend the Canadian Environmental Assessment Act (“CEAA”) to streamline certain process requirements for comprehensive studies ...

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On April 23, 2009, Mr. Justice James Russell of the Federal Court trial division ruled in Great Lakes United and MiningWatch Canada v. Minister of Environment and Mining Association of Canada 2009 FC 408, that the Minister of Environment is required by the Canadian Environmental Protection Act (“CEPA”) to collect and report in the National Pollutant Release Inventory ...

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Lawson Lundell's Project Law Blog focuses on updating proponents on issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and Indigenous consultation.

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