37-4: Environmental Causes and the Law Archives - LawNow Magazine

Nickel Shower: An Environmental Class Action

Introduction The recent Smith v. Inco Limited case is the first Canadian environmental class action lawsuit to proceed through a trial and appeal. It shows how the courts mediate between the interests of industry and of private landowners. Inco refined nickel near the small southern Ontario city of Port Colborne on the north shore of Lake […]

Authors:

Peter Bowal
Peter Bowal
Peter Bowal is a Professor of Law at the Haskayne School of Business, University of Calgary in Calgary, Alberta.
 

Sean Keown
Sean Keown recently graduated with a B.Comm. from the University of Calgary in Calgary, Alberta.
 

The Difference a Year Makes: Changes to Canadian Federal Environmental Assessment Law in 2012

In 2012, the landscape of Canadian federal environmental assessment law was completely altered. Following on the heels of a truncated statutory review process in late 2011, federal environmental assessment law was re-written with the passage of Bill C-38 (the federal omnibus budget bill). This article will provide an overview of the statutory review process and […]

Authors:

Brenda Heelan Powell
Brenda Heelan Powell is Staff Counsel at the Environmental Law Centre in Edmonton, Alberta.
 

Civil Disobedience, Environmental Protest and the Rule of Law

What is civil disobedience? Civil disobedience involves intentional violation of the law to achieve a result the law-breakers believe is in the public interest. Civil disobedience is a form of protest intended to draw attention to a wrong or injustice which the protesters believe is sufficiently serious to morally justify violation of the law. In […]

Authors:

Janet Keeping
Janet Keeping is Rule of Law Fellow at the Sheldon Chumir Foundation for Ethics in Leadership in Calgary, Alberta.
 

The Oil Sands: Westward – How?

Last summer, I mentioned to our editor that I couldn’t understand why Enbridge chose to route Alberta oil via its Northern Gateway line to Kitimat, with its long and narrow channels to open water, when the Port of Prince Rupert had no such obstacles and was closer to Asia. She told me to find out. […]

Authors:

John Edmond
John Edmond is a member of the bars of Ontario and British Columbia. He lives in Ottawa.
 

The Constitutional Right to a Healthy Environment

Fifty years ago, the concept of a human right to a healthy environment was viewed as a novel, even radical, idea. Today it is widely recognized in international law and endorsed by an overwhelming proportion of countries. Even more importantly, despite their recent vintage, environmental rights enjoy constitutional protection in over 100 countries. These provisions […]

Authors:

David R. Boyd
David R. Boyd is an environmental lawyer and adjunct professor at Simon Fraser University in Vancouver, British Columbia. He is an international expert on human rights and the environment.
 


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