- Posts by John Olynyk
General CounselJohn is Lawson Lundell’s General Counsel and a member of the firm’s management team.
In addition, as Senior Counsel John is a member of the firm’s Indigenous, Environmental, and Project Development practice groups. His ...
On May 10, 2022, the Alberta Court of Appeal handed down its decision on the constitutionality of the federal Impact Assessment Act (the “IAA”). The decision, rendered pursuant to a reference to the Court by the Alberta government, held that the IAA and its associated Physical Activities Regulations (the “Regulations”) are unconstitutional as they go beyond the ...
On June 11, 2021, the B.C. government released its Draft Action Plan relating to the implementation of the Declaration on the Rights of Indigenous Peoples Act (“DRIPA”). The Draft Action Plan arrives two years after the B.C. government unanimously passed DRIPA – ambitious legislation that adopts the United Nations Declaration on the Rights of Indigenous Peoples ...
Today, the federal government introduced in Parliament Bill C-15, the United Nations Declaration on the Rights of Indigenous Peoples Act. This blog provides some background on the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and the new federal bill.
The United Nations Declaration on the Rights of Indigenous Peoples
UNDRIP was passed by the UN ...
The Supreme Court of Canada has confirmed in Mikisew Cree First Nation v. Canada (Governor General in Council) that there is no duty to consult Indigenous groups in the development of legislation.
At issue in Mikisew was whether the Government of Canada had a duty to consult the Mikisew Cree First Nation on the development of environmental legislation that Mikisew said had ...
Impact benefit agreements (“IBAs”) between industrial proponents and Indigenous groups are becoming an important way for proponents to address regulatory risks and for Indigenous groups to benefit from industrial development in their traditional areas. Because IBAs may contain commercially sensitive information such as financial contributions, employment ...
On Friday, December 1, the Supreme Court of Canada released its decision in the Peel River case that we first reported on here and here. The decision deals with the obligations of the Yukon Government to follow the land use planning process set out in modern land claim agreements with First Nations in Yukon, more specifically the development of a land use plan for the Peel River ...
In 2016, the Government of Canada began reviews of federal environmental legislation and the National Energy Board (NEB). At the same time, Parliamentary standing committees undertook reviews of changes to federal fisheries and navigable waters laws. Reports from those four processes were released earlier in 2017.[1]
The Government of Canada has now released a ...
In previous posts, from April, 20 2015 and June 2, 2015, we reported on the federal Extractive Sectors Transparency Measures Act (“ESTMA”) and the requirements it imposes on companies to report certain types of payments made to governments. ESTMA requires reporting companies to report payments made to specified “payees” — governments in Canada and ...
Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes. This post looks in more detail at the report’s key recommendations and commentary on that subject. Overall, the Expert ...
Update: On June 9, 2016, the Supreme Court of Canada agreed to hear an appeal from Yukon Court of Appeal’s Peel watershed decision. Click here to read our earlier blog post on the Court of Appeal’s decision handed down November 4, 2015.
About Us
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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