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Published on: 15 Jul 2019 By

Is a Healthy Environment a Fundamental Right of Citizens

On November 26, 2018 ENvironnement JEUnesse (“ENJEU”)[1] filed an application for authorization against the Government of Canada to bring a class action on behalf of all Quebec residents aged 35 and under claiming a right to a clean and healthy environment. The claim alleged that the Canadian government is infringing on a generation’s fundamental rights...

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Published on: 27 Aug 2019 By

The Marine Liability Act and the “polluter pay” regime: A review of the Court’s decision in British Columbia v. The administrator of the Ship-source Oil Pollution Fund, 2019 BCCA 232

Earlier this summer, the British Columbia Court of Appeal dismissed an appeal by the Province of British Columbia concerning the Province’s liability for oil pollution under the federal Marine Liability Act, S.C. 2001, c.6. The pollution in question had emanated from a derelict vessel of which the Province had become the unwilling owner due to...

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Published on: 25 Feb 2008 By (Dianne Saxe)

Is it better to pay taxes on income or on pollution?

For forty years, Canadian environmental law has tried to defeat economics. That is, we have forbidden people and businesses from doing things that save them money, and commanded them to do things that cost money. In the circumstances, it’s amazing that we’ve accomplished so much: air is cleaner, rivers are healthier, smokestacks no longer belch...

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Published on: 27 Apr 2008 By (Dianne Saxe)

Clotheslines, pesticides, and water bottles

This year, Earth week in Ontario was marked by three small steps in the long battle to keep from destroying our own world. Each of the three had as much cultural as legal significance. Last summer, this blog got coast-to-coast publicity for our call for action on clothesline bans. Clothesline bans are often part of...

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Published on: 22 Oct 2018 By

USMCA Trade Deal and the Environment

On September 30, 2018, the United States, Mexico, and Canada announced the completion of negotiations of a new United States-Mexico-Canada Agreement (“USMCA”) that will replace the North American Free Trade Agreement (“NAFTA”). While much commentary has already been written about the winners and losers in the new USMCA, the results for the environment are less than...

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Published on: 18 Dec 2017 By

Home Rebate for Climate Change Initiatives

On December 13th the Ministry of the Environment and Climate Change announced its initiatives to promote energy-efficient homes. Ontario residents are eligible for rebates on low-carbon, energy-efficient renovations completed on their homes. This new program is under the Green Ontario Fund, a non-profit provincial agency and funded by proceeds from the province’s cap on pollution...

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Published on: 15 Oct 2018 By

Nobel Prize Winner Recommends Tax on Carbon Emissions

Professor William D. Nordhaus, an economist from Yale who has dedicated more than forty years attempting to convince governments to address climate change through the imposition on a tax on carbon emissions was awarded the 2018 Nobel Memorial Prize in Economic Sciences. Professor Nordhaus has been called “the father of climate-change economics” and developed models...

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Published on: 12 Dec 2016 By

Microbead Ban Coming By January 1, 2018

On November 5, 2016, the federal government published a proposed regulation in the Canada Gazette, entitled Microbeads in Toiletries Regulations, to ban the manufacture or import of most toiletries that contain microbeads on or after January 1, 2018. The prohibition applies to products that are natural health products or non-prescription drugs on or after July...

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