March 25, 2021 Author's Note | The Supreme Court of Canada released it's 6-3 decision today finding Canada's carbon tax to be constitutional. Read the Case in Brief or full reasons.On June 21, 2018, Canada’s Greenhouse Gas Pollution Pricing Act (the Act) came into effect. Part 1 of the Act … [Read more...]
Searching for Hopeful Signs in a Dark Wood, Rapidly Shrinking: Laws to address the climate emergency
Missing In ActionDonald Trump continues to audition for the job of World’s Greatest Practical Joker. You may have heard about the pending release of a new book by Edward Russo, entitled Donald J Trump: An Environmental Hero. Russo is a consultant who has advised Trump. He is also a staunch Trump … [Read more...]
Climate Change Mitigation and Adaptation
There is clear scientific consensus that anthropogenic climate change is happening and will cause unavoidable and irreversible impacts. Despite the full implications of climate change remaining uncertain, there is a recognized need to act locally, provincially, nationally and internationally in … [Read more...]
Do Natural Objects Have Legal Rights?
In 1972, Christopher D. Stone wrote an article entitled “Should Trees Have Standing? - Towards Legal Rights for Natural Objects”. This article is still, even today, mentioned every time there is a discussion on legal rights and natural objects.In his article, Stone suggested that we give legal … [Read more...]
Kids facing effects of climate change are taking their governments to court
In November, more than 11,000 scientists declared that the climate emergency has arrived and drastic action is required. Frustrated by government failure to respond adequately, citizens are taking to the courts.The Sabin Center for Climate Change Law reports at least 1,390 … [Read more...]
The Crown’s Duty to Consult
20/20: Looking back over the last 20 yearsWhat is the most important environmental law case in Canada since the turn of the century? Twenty years is a long time in Canadian environmental law, given that this area of law has only existed as a ‘thing’ for a little more than twice that length of … [Read more...]
Canada’s Law on Consumer Product Safety
20/20: Looking back over the last 20 yearsIn the past 2 months alone, you’ve probably heard about the recent food recall warnings on beef and romaine lettuce. Did you know that we have a law in Canada that deals with product safety and recalls?The Canada Consumer Product Safety Act (“CCPSA”) … [Read more...]
Canada’s Youth Criminal Justice System
20/20: Looking back over the last 20 yearsIn April 2003, the Youth Criminal Justice Act (YCJA) replaced the Young Offenders Act. The YCJA sets out the justice system that applies to young persons – aged 12 to 17 – charged with an offence in Canada. Children under 12 cannot be charged with a … [Read more...]
Access to Justice Given a Boost by Downtown Eastside Sex Workers Case
20/20: Looking back over the last 20 yearsIn Downtown Eastside Sex Workers United Against Violence Society v Canada (Attorney General), 2012 SCC 45 (DESW), the Supreme Court of Canada (SCC) adapted the rule on public interest standing. This resulted in the potential for better access to … [Read more...]
DBS v SRG: Retroactive child support claims
20/20: Looking back over the last 20 yearsI was not short of choices when LawNow asked me to write about one of the most important family law cases in the last twenty years. After consulting with Sarah Dargatz, my fellow columnist on family law issues, I decided to talk about DBS v SRG, a … [Read more...]
