Cumulative pollution a Charter breach?
Ecojustice has launched a lawsuit on behalf of Aamjiwnaaang First Nation members, Ron Plain and Ada Lockridge, alleging that the cumulative effects of government approved pollution in Sarnia’s Chemical Valley amounts to a violation of their human rights under sections 7 and 15 of the …
View the post titled Cumulative pollution a Charter breach?Open for Business- new rules for approvals
Bill 68, the Open for Business Act, has received Royal Assent. Schedule 7 of the Act makes major changes to a range of Ministry of the Environment statutes. Most will be phased in over time. For example, the Environmental Protection Act has received major amendments. A new Permit by Rule ap…
View the post titled Open for Business- new rules for approvalsHazardous waste nonsuit decision
As mentioned last week, we won a rare non-suit motion in the Ontario Court of Justice on three counts, each against three defendants charged with improperly managing hazardous waste at a transfer site, contrary to the Environmental Protection Act. In each case, the Ministry of the Environme…
View the post titled Hazardous waste nonsuit decisionBPA- a toxic substance
Canada has just become the first country in the world to regulate bisphenol A(BPA) as a toxic substance, adopting a precautionary approach and recognizing that the compound may be harmful to human and environmental health.
View the post titled BPA- a toxic substanceSyncrude pays $3M for dead ducks
On Friday, Syncrude was ordered to pay $3 million in penalties for the 1,600 ducks killed in its tailings ponds four years ago. This is the highest total penalty ever imposed in Canada for an environmental offence. Syncrude was fined the maximum for a single incident: $300,000 for the feder…
View the post titled Syncrude pays $3M for dead ducksElectricity pricing changing again
Proposed changes to Ontario’s electricity pricing system should reward big customers more for shifting demand off-peak.
View the post titled Electricity pricing changing againThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
View the post titled The dirty side of "clean fill"Successful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits o…
View the post titled Successful nonsuits- hazardous wasteA rare jail sentence
Jail is a possible penalty for many environmental offences (see s. 187 of the Environmental Protection Act), but is rarely imposed. It is usually reserved for those defiantly causing serious pollution. On September 1, 2010, Pierre Sleiman was sentenced to 90 days in jail and fined $5,000 plu…
View the post titled A rare jail sentenceClimate change: How strong is the evidence?
Is climate change science “real science”? Can climate change experts give expert evidence in court? Canadian courts have not yet wrestled with this issue, but American courts have. The leading case is Green Mountain Chrysler v. Crombie. In 2007, the auto industry tried to prevent…
View the post titled Climate change: How strong is the evidence?Receive Blog Posts
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