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Natural Resources

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Tuesday, March 26, 2019 @ 8:52 AM

ABORIGINAL LANDS - Duties of the Crown - Fair dealing and reconciliation

Appeal by the Xeni Gwet’in First Nations Government and the Tsilhqot’in Nation from a judicial review judgment. ... [read more]

Thursday, March 21, 2019 @ 2:16 PM

Nova Scotia tidal energy generation: Regulate this Nova Scotia map

Coming into force in Jan. 2016, The Marine Renewable Energy Act  has been a driving force behind environmentally conscious development of the marine environment here in Nova Scotia. ... [read more]

Wednesday, March 20, 2019 @ 10:58 AM

Still waters run deep: Ramifications of Redwater ancientoilwells_sm.jpg

Just over a month after the Supreme Court of Canada handed down its precedent-setting decision in Redwater (Orphan Well Association v. Grant Thornton Ltd. 2019 SCC 5), companies are still scrambling to understand exactly how this will impact their operations moving forward. While the oil and gas sector will inevitably feel the full brunt of the decision, they’re not the only industry set to suffer. Industries like mining, power, lumber, pulp and paper and any one where the provinces legislate on abandonment, reclamation and remediation are all set to be impacted. ... [read more]

Wednesday, March 20, 2019 @ 8:17 AM

FISHING - License types - Commercial fishery - Conditions

Appeal by Elson from a decision dismissing his application for judicial review of a decision of the Minister of Fisheries and Oceans. ... [read more]

Tuesday, March 19, 2019 @ 5:42 PM

Budget 2019 includes more cash for reconciliation, immigration legal aid and judges for Federal Court Bill Morneau

Annual updates to federal regulations, a broadened money laundering offence, more judges and cash for the Federal Court and a boost for immigration legal aid are among the justice-related measures Ottawa announced in the 2019 federal budget. ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Thursday, March 07, 2019 @ 2:18 PM

Enforcing consistent accounting practices in British Columbia Dam

In February, British Columbia auditor general Carol Bellringer published a detailed report arguing that British Columbia Hydro should reflect standard accounting methods used throughout the industry elsewhere in the United States and Canada. This is a fairly radical act since the reading of Canadian Crown corporation financial statements has often required a substantial suspension of disbelief. ... [read more]

Thursday, March 07, 2019 @ 8:39 AM

The SCC rules in Redwater: Losing battles but winning the war abandoned_oilrig_sm

As the energy sector faced economic hardship during the most recent downturn in Alberta, concerns mounted over who would bear the financial responsibility for the reclamation of wells and pipelines when companies with non-producing assets declare bankruptcy. ... [read more]

Tuesday, March 05, 2019 @ 9:00 AM

Indigenous legal traditions of stewardship and the rights of nature | Angelique EagleWoman

Indigenous peoples worldwide have a deep and abiding relationship with the earth. The Indigenous peoples of the Western Hemisphere commonly refer to the earth as “Mother Earth” and regard her as providing sustenance for all life. When you observe the material objects that surround you on a daily basis, it becomes quite apparent that everything we touch, own, wear, travel in and use as human beings is derived from the earth’s resources. Thus, in a prayer from my Dakota Nation culture, we call upon the earth “who sustains all life and provides for all that lives.” ... [read more]

Monday, March 04, 2019 @ 1:46 PM

Unbalanced interests in Ontario’s Far North Act Northern Ontario Map

Ontario’s Far North Act was former Ontario premier Dalton McGuinty’s government’s attempt at balancing the three big factors that are seemingly never in alignment, anywhere, on Canada’s road to resources: resource development, environmental protection and Indigenous peoples’ rights. With the amount of resource gridlock that the country is experiencing, it’s getting harder to get the balance right. ... [read more]