- Posts by Michelle S. Jones
PartnerMichelle’s practice focuses on compliance, primarily in the area of Occupational Health and Safety (OH&S). She advises clients on their regulatory obligations and represents them in related administrative and litigation ...
Administrative monetary penalties (AMPs) are one of several enforcement tools available to environmental regulators to incentivize compliance with environmental laws. Many federal and provincial statutes, including in British Columbia, allow regulators broad discretion to levy AMPs on persons who fail to comply with an environmental statute or authorization ...
As described in our recent previous blog posts[1], on February 8, 2018 the federal government introduced Bill C-69, An Act to enact the Impact Assessment Act and the Canadian Energy Regulator Act, to amend the Navigation Protection Act and to make consequential amendments to other Acts. Bill C-69 overhauls the federal environmental assessment process for major projects.
This is the most recent blog in a series of posts which discuss the proposed recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of the Environmental Assessment Processes (the "Report"), released April 5, 2017. This entry will focus on the ...
On April 15, 2015, the BC Court of Appeal issued its decision in Saik’uz First Nation and Stellat’en First Nation v. Rio Tinto Alcan Inc, 2015 BCCA 154. The decision is significant because the Court of Appeal found that proof of an existing Aboriginal right (including title) is not required prior to Aboriginal peoples commencing claims against private parties to enforce ...
On December 27th, 2012, the Court of Appeal for Yukon released its decision in Ross River Dena Council v. Government of Yukon, 2012 YKCA 14. The case dealt with the Yukon Government’s duty to consult with First Nations when allowing mineral claims to be recorded on land with asserted Aboriginal rights and title claims. The case arose as a result of the “open entry” claim ...
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 October 26, 2012, the Joint Review Panel (the “Panel”) established to review the Jackpine Mine Expansion Project (the “Jackpine Project”) found that its statutory jurisdiction does not include the authority to adjudicate the adequacy of the Crown’s consultation with First Nations. As interested parties in the proceeding, the Athabasca Chipewyan First ...
The Alberta Court of Appeal has denied the Cold Lake First Nations’ (CLFN) application to appeal a decision by Alberta’s Energy Resources Conservation Board (ERCB) that it did not have the jurisdiction to determine the adequacy of Crown consultation in respect of a bitumen recovery project within the CLFN’s treaty territory. The ERCB held that although it has the ...
September 2012 marked the 20th anniversary of the creation of the BC Treaty Commission and on October 10, 2012, the BC Treaty Commission released its annual report titled “Learning from our Success”. The report includes a reflection of the successes and challenges the BC Treaty Commission has seen over the past 20 years. Since 1992, the BC Treaty Commission has seen two ...
On September 25, 2012, the BC Court of Appeal released its reasons in Neskonlith Indian Band v Salmon Arm (City), 2012 BCCA 379 dismissing an appeal by the Neskonlith Indian Band (the “Neskonlith”) seeking, inter alia, a declaration that the City of Salmon Arm (the “City”) had a duty to consult with the Neskonlith. The case involved a judicial review brought by the ...
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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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