- 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 December 2, 2014, the Yukon Supreme Court struck down the Yukon government’s Peel watershed regional land use plan because of the government’s failure to follow the process for developing that plan under final agreements (modern treaties) with the Na-Cho Nyak Dun, Tr’ondek Hwech’in and Vuntut Gwichin First Nations. The case marks the first time that a court has ...
On October 23, 2014, the Government of Canada introduced the proposed Extractive Sector Transparency Measures Act into Parliament. The proposed Act, which is contained with the omnibus budget Bill C-43, is intended to deter and detect corruption by requiring companies to report payments they make to governments in Canada and abroad. The federal government is ...
Today, the Supreme Court of Canada released another important Aboriginal law decision, Keewatin v. Ontario (Natural Resources), 2014 SCC 48. The decision confirms the power of Ontario, along with other provincial governments, to manage natural resources over lands subject to numbered treaties. Treaty 3 is one of the historical, numbered treaties entered into between ...
On January 24, 2014, the Supreme Court of Canada dismissed a leave to appeal application in a Métis rights case from Alberta. As a result, the Alberta Court of Appeal’s decision, which upheld a finding that the existence of a rights-bearing Métis community in southern Alberta had not been established on the facts, remains the binding authority in Alberta.
Background
The ...
On August 16, 2013, the Government of Alberta released its new Policy on Consultation with First Nations on Land and Natural Resource Management dated June 3, 2013 (the “Consultation Policy”), as well as revised drafts of the Corporate Guidelines for First Nations Consultation Activities (the “Draft Corporate Guidelines”), and the First Nations Consultation ...
On Wednesday, May 8, the Alberta government introduced Bill 22, the Aboriginal Consultation Levy Act, in the Alberta Legislature. Bill 22 is being introduced as part of the Alberta government’s overhaul of regulatory and Aboriginal consultation processes in the province.
Consultation Levy Fund Established
Bill 22 would establish a Consultation Levy Fund, which ...
On January 8, 2013, the Federal Court released its decision in Daniels v Canada, 2013 FC 6, a case involving the scope of the word “Indian” under section 91(24) of the Constitution Act, 1867. The plaintiffs sought a declaration that Métis and non-status Indians (“MNSI”) are “Indians” for the purposes of section 91(24) of the Constitution Act, 1867.
The Court ...
On December 10, 2012, the Responsible Energy Development Act (“REDA”) received royal assent. Under REDA, the Alberta Energy Resources Conservation Board and certain regulatory functions of the Ministry of Environment and Sustainable Resource Development will be replaced with a new single provincial regulator for all oil, gas, oil sands and coal projects in the ...
In a previous post, we highlighted the October 26, 2012 decision of the Joint Review Panel (“JRP”) in the Shell Jackpine Mine Expansion hearing regarding its jurisdiction to determine whether Crown consultation obligations had been discharged. The JRP concluded in that decision that its statutory jurisdiction did not include the authority to determine the adequacy ...
On October 24, 2012, the Government of Alberta introduced Bill 2: the Responsible Energy Development Act (“REDA”). If enacted, REDA will establish a single energy regulator and create a new regulatory framework for energy resource projects in Alberta.
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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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