- Posts by Toby Kruger
PartnerToby advises private and public sector clients on litigation and regulatory matters. He provides advice on environmental, energy, mining, land, construction, public utility, administrative law, and Indigenous law issues. Toby ...
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 ...
In yet another indication of the increasing prominence of water use issues in BC, the Supreme Court of British Columbia recently upheld the practice of the BC Oil and Gas Commission to grant recurrent short-term water approvals for oil and gas activities under the Water Act. In Western Canada Wilderness Committee v British Columbia (Oil and Gas Commission), 2014 BCSC 1919
On July 18, 2014 the Province of British Columbia released the long-awaited Kitimat Airshed Study (though completed on April 25, 2014, the study was not previously released pending review).
The study is an independent assessment intended to assist the Province’s regulatory decision-making process by providing information that will be used to ultimately determine ...
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 ...
Castonguay Blasting Ltd. v. Ontario (Environment), 2013 SCC 52 is the latest Supreme Court of Canada decision to confirm the expansive approach courts may take to the interpretation of environmental protection legislation.
During the course Castonguay’s blasting operations for a highway-widening project, rock debris known as “fly-rock” was accidentally ...
B.C. Environment Minister Terry Lake and Energy, Mines and Natural Gas Minister Rich Coleman refused to issue an Environmental Assessment Certificate (“EAC”) to Pacific Booker Minerals Inc. for its proposed Morrison Copper/Gold Mine project near Smithers. The decision by Ministers Lake and Coleman is in accordance with the recommendation of the Executive ...
Several important changes to the environmental assessment process were introduced with the enactment of the new Canadian Environmental Assessment Act, 2012 (“CEAA 2012”) on July 6, 2012. The Canadian Environmental Assessment Act (1992), has been repealed. As we reported in a previous post, several regulations related to CEAA 2012 have also come into force:
The new Canadian Environmental Assessment Act, 2012, came into force on July 6, 2012. The Canadian Environmental Assessment Act, SC 1992, c 37 has been repealed.
As the official version of the Act has not been posted to the Department of Justice website, the public must, for now, refer to sections 52 to 63 and 66 of the Jobs, Growth and Long-term Prosperity Act (Bill C-38). We ...
This is the first of two blog posts on the statutory powers of investigation and inspection granted under the federal Fisheries Act, examined through the lens of a recent series of cases beginning with R v Mission Western Developments Ltd., 2010 BCPC 274, involving a property developer charged with harmful alteration of fish habitat contrary to section 35 of the Fisheries ...
On March 13, 2012, the Standing Committee on Environment and Sustainable Development issued recommendations for improving the Canadian Environmental Assessment Act (CEAA) process (click on Print Format for the complete report).
The recommendations focus on:
- improving timeliness;
- decreasing duplication with provincial processes;
- improving aboriginal ...
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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