By: Amanda Montgomery In October 2017, a group of Ecuadoran plaintiffs won a small, yet crucial, victory in a Toronto courtroom. The Ontario Court of Appeal ruled that the plaintiffs are not required to post nearly $1 million to cover Chevron Corporation’s legal costs should they lose an upcoming appeal in their quest to enforce […]
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How Are Vulnerable Populations Impacted by Carbon Pricing Schemes in Canada?
By: Christie McLeod One of the biggest injustices of climate change is that those least responsible for the greenhouse gas emissions contributing to climate change are often the most affected by climate change. This is true on both a global scale and within Canada’s borders. For instance, according to Sarah Trainor et al, many Indigenous […]
Moving Mesothelioma out of the Marketplace: Assessing the Efficacy of Canada’s Proposed Prohibition on Asbestos
By: Aaron Cressman On January 6, 2018, Environment and Climate Change Canada and Health Canada sponsored the Prohibition of Asbestos and Asbestos Products Regulations (the Prohibition) and amendments to the Export of Substances on the Export Control List Regulations (the ESECLR Amendments) through the Canadian Environmental Protection Act (CEPA). The stated purpose of the Prohibition […]
NAFTA’s Effect on Canadian Environmental Regulation
By: Adam Ferris Negotiations to update the North America Free Trade Agreement (“NAFTA”) between Canada, Mexico, and the United States continue into March 2018. While the American President has threatened the termination of NAFTA if the agreement is not “improved,” Canada’s Prime Minister has also indicated a potential withdrawal if a new agreement does not […]
Remote Cree community expresses concern over land use planning process
By: Professor Dayna Nadine Scott, with Donna Ashamock (MoCreebec) and John Cutfeet (Kitchenuhmaykoosib Inninuwug). In February, we were invited to visit Peawanuck, a Cree community in northern Ontario near the shores of Hudson Bay. Upon arrival, we were immediately struck by the evidence around us of people living off the land -- caribou hides and […]
Energizing the Nation to Nation Relationship: The Rise of Indigenous Participation in the Energy Industry
By:Hina Farooqi In 2016, Canada officially adopted the United Nations Declaration on the Rights of Indigenous People. One of the declaration’s principles states that signatories affirm that Indigenous control over developments affecting Indigenous lands and resources will strengthen their institutions. Each element of the declaration contributes to the overall goal of the reestablishment of […]
"A Major Disappointment": Osgoode Environmental Clinic Calls on Ministry to Improve Cumulative Effects Assessment Proposal
On November 9, 2017, the Ministry of the Environment and Climate Change (MOECC) released a proposal ("The Proposal") for a new policy for Cumulative Effects Assessment in air approvals posted to the Environmental Registry. The proposal is a response to years of pressure for the Ministry to take action against increasingly high levels of pollution […]
Is Canada becoming a safe haven for toxic chemicals? Triclosan exemplifies the Canadian Environmental Protection Act’s desperate need of reform
By: Cameron Smith The Canadian Environmental Protection Act, 1999 (“CEPA”) is currently under scrutiny. And while the Government’s response to a recent report by the House of Commons Committee on Environment and Sustainable Development is not expected until the spring, many groups and experts are hoping for a major overhaul of the Act as it […]
The Growing Risks of Inadequate Climate Impact Assessment in Corporate and Financial Management
By: Jacklyn Tuckey There’s a new way that environmental groups, organizations and individuals are fighting climate change, and it centres around securities. The trend for decades has been for the majority of companies to more or less ignore climate change signals in order to chase the dollar. The problem lies in the facts they’ve been reluctant […]
Vexatious Litigants and Climate Saviours: Resolute Forest Products v Greenpeace Canada
In 2013, Resolute Forest Products (“Resolute”) filed a $7 million claim against Greenpeace Canada for defamation and intentional interference with economic relations. While initially, Resolute attempted to bring into question the activities of Greenpeace worldwide over the past 40 years, Justice Pierce of the Ontario Superior Court noted in his 2015 ruling that if the litigation […]
