- Posts by Christine J. Kowbel
PartnerChristine practices environmental and Indigenous law, providing advice in respect of major project development, environmental assessment, permitting, operational matters and acquisition and sale of industrial projects.
She ...
On December 18, 2008, MiningWatch Canada(“MiningWatch”) was granted leave to appeal the decision of the Federal Court of Appeal in MiningWatch Canada, et al. v. Minister of Fisheries and Oceans, et. al to the Supreme Court of Canada. The decision relates to the environmental assessment that has been carried out to date on the Red Chris Project, a proposed copper and gold ...
Bilcon Inc., an American construction firm, has launched a challenge under the North American Free Trade Agreement (“NAFTA”) that claims an environmental review panel had an anti-foreign bias when it recommended against allowing a quarry in western Nova Scotia. Bilcon had proposed a basalt quarry on a 152 hectare site approximately 30 kilometers southwest of Digby ...
In Yukon and Canada v. B.Y.G. Natural Resources Inc., 2007 YKSC 02, the Yukon Supreme Court recently granted the Canadian government leave to pursue the oppression remedy as a mechanism to pierce the corporate veil and hold individuals accountable for mining practices with serious environmental repercussions.
The events leading up to this significant decision unfolded ...
In what could be a precedent-setting case, on November 18, 2005, Ontario's Court of Appeal certified a $750 million class-action suit alleging damages from environmental contamination caused by an Inco refinery in a southwestern Ontario community. Inco sought leave to appeal of the Court of Appeal's decision in February 2006. Leave to appeal to the Supreme Court of Canada ...
On April 24, 2008, the Province of British Columbia announced that it will not support the exploration and development of uranium in British Columbia and is establishing a “no registration reserve” under the Mineral Tenure Act for uranium and thorium. The “no registration reserve” will ensure any future claims do not include the rights to uranium. Government also ...
On November 21, 2007, the Supreme Court of British Columbia released its decision in Tsilhqot’in Nation v. British Columbia, 2007 BCSC 1700. The decision dealt with a claim brought by Chief Roger William of the Xeni Gwet’in First Nation, on behalf of the Xeni Gwet’in First Nation and the Tsilhqot’in Nation. Initially, theTsilhqot’in’s claim, against the ...
On September 25, 2007, a Federal Court Trial Judge in MiningWatch Canada v. Canada (Fisheries and Oceans), 2007 FC 955 allowed an application by MiningWatch Canada challenging the legality of decisions/actions taken by the Department of Fisheries and Oceans (“DFO”) and Natural Resources Canada in conducting the environmental assessment of a proposed copper and ...
Canadian case law continues to refine the principles of the duty to consult and accommodate Aboriginal peoples, and the May 2007 decision of the Yukon Supreme Court in Little Salmon/Carmacks First Nation v. The Government of Yukon (Minister of Energy, Mines and Resources), 2007 YKSC 28 considers the extent of its application on recently settled treaty lands in theYukon ...
On April 17, 2007 the Alberta Legislature passed legislation to reduce greenhouse gas emission intensity from large industry. The Climate Change and Emissions Management Amendment Act and accompanying Specified Gas Emitters Regulation provide that, starting 1 July 2007, companies that emit more than 100,000 tonnes of greenhouse gases a year must reduce their ...
On April 26, 2007, the Honourable John Baird, Minister of the Environment, announced the federal government’s climate change plan entitled “Turning the Corner: An Action Plan to Reduce Greenhouse Gases and Air Pollution”. As set out in the plan, the federal government has committed to reducing Canada’s total emissions of greenhouse gases, relative to 2006 ...
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Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.
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