The (Contaminated) Ground Beneath our Feet
The extent and nature of contaminated land in Canada — the toxic legacy of our collective history of poor environmental stewardship, including through weak environmental regulation — continues to invade the headlines. A few weeks ago, a CBC/Radio-Canada report revealed that dozen…
View the post titled The (Contaminated) Ground Beneath our FeetPrecautionary principle stronger part of Canadian law
This may be the strongest, most nuanced judicial statement on the precautionary principle in Canada since the Supreme Court of Canada first recognized it in Spraytech
View the post titled Precautionary principle stronger part of Canadian lawRecent Decision Affirms Precautionary Principle
In May of this year, the Federal Court released a decision that affirms the importance of the precautionary principle in the management of fisheries. The decision (Morton v Canada (Fisheries and Oceans), 2015 FC 575) comes as a result of a challenge, launched by lawyers at Ecojustice on beha…
View the post titled Recent Decision Affirms Precautionary PrincipleOslo Principles on Climate Change: Governments are Breaching Legal Duties
A group of preeminent international jurists have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing …
View the post titled Oslo Principles on Climate Change: Governments are Breaching Legal DutiesQuebec Court Recognizes Precautionary Principle for Belugas
Quebec Superior Court Justice Claudine Roy granted a temporary injunction on September 23, 2014, stopping Energy East Pipeline Ltd. and TransCanada Pipelines Ltd. from conducting exploratory work in the St. Lawrence River near Cacouna, QC until October 15, after a critical period for beluga …
View the post titled Quebec Court Recognizes Precautionary Principle for BelugasResidents get leave to appeal landfill closure
Where evidence indicates that the landfill may be causing contamination, a precautionary approach requires that the harm be presumed to be occurring unless and until there is concrete evidence that it is not. In situations where scientific uncertainty exists as to whether an activity is …
View the post titled Residents get leave to appeal landfill closureRoundup pesticides to have special review
West Coast Environmental and Josette Wier have obtained a court order requiring Health Canada to conduct a special review of one use of common glyphosate-based pesticides (such as Roundup) mixed with an ingredient known as POEA. There is conflicting evidence about the toxicity of the mixture…
View the post titled Roundup pesticides to have special reviewOrgaworld wins organic waste odour appeal
Orgaworld Canada, a composting company, has won a hard-fought appeal for permission to compost disputed wastes at its Ottawa facility, despite MOE fears about potential odours. The disputed wastes include pet faeces, urine, and organic waste in plastic bags. In rejecting the Ministry of the …
View the post titled Orgaworld wins organic waste odour appealErickson decision: wind turbines can be built in Ontario
The debate should not be simplified to one about whether wind turbines can cause harm to humans. The evidence presented to the Tribunal demonstrates that they can, if facilities are placed too close to residents. The debate has now evolved to one of degree. The question that should be ask…
View the post titled Erickson decision: wind turbines can be built in OntarioHanna, wind and Statements of Environmental Values
In Hanna v. MOE, what did the Decisional Court decide about the legal status of the Ministry of the Environment Statement of Environmental Values? Not much, in my opinion.
View the post titled Hanna, wind and Statements of Environmental ValuesReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.