Posts by Laura Bowman

Important Environmental Law Amendments in the Ontario 2012 budget bill

April 17th, 2012 by Laura Bowman

The Ontario Government recently introduced Bill 55 – Strong Action for Ontario Act (Budget Measures), 2012.   Budget bills are exempt from the posting and public consultation requirements of the Environmental Bill of Rights.  As a result, the public does not have the same opportunities to contribute to decision making when a number of environmentally significant laws are changed in a budget Bill.  Overall the budget Bill adds exemptions both in law and through additional regulatory powers to a variety of environmental processes.

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Drummond Report could further erode environmental assessment in Ontario

March 8th, 2012 by Laura Bowman

The Drummond Report, Public Services for Ontarians: A Path to Sustainability and Excellence (pdf), recommends numerous changes to Ontario’s environmental protection regime that, if adopted, could fundamentally change environmental protection in Ontario.

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Ontario’s wetlands framework needs revision

February 3rd, 2012 by Laura Bowman

Ontario Nature, Earthroots, Ecojustice and Ducks Unlimited released a report this week on Ontario Wetlands: Protecting Greenbelt Wetlands: How Effective is Policy.

Many of the report’s suggestions relate to better interdepartmental and intergovernmental decision-making integration.  Others propose more measurable and defensible standards in the approvals process.

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Sage-Grouse petition ignored by federal government

January 18th, 2012 by Laura Bowman

Ecojustice filed a petition in November demanding that federal Environment Minister Peter Kent issue an emergency order to protect a sagebrush prairie bird from extirpation from Canada.  They relied on provisions in the federal Species at Risk Act (SARA) (section 80(2)) allowing the Minister to recommend emergency protection of the endangered Sage-Grouse and stop further human disturbance in the habitat the birds need to survive. The petition, sent on behalf of an international coalition of 12 environmental groups, demanded that the Minister respond by Jan. 16.

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The Politics of enforcing laws protecting Polar Bears in Canada

January 11th, 2012 by Laura Bowman

The U.S. Center for Biological Diversity recently filed a petition at the Commission for Environmental Cooperation, that Canada is not effectively enforcing the Species At Risk Act (SARA) by failing to list and protect the Polar Bear as an endangered or threatened species.  Currently, the Polar Bear is listed as a species of special concern.  SARA sets up a process for listing that is intended to be based on objective science (the Committee on the Status of Endangered Wildlife in Canada or COSEWIC).  Although COSEWIC’s last evaluation raised alarm bells about the future of Polar Bears, the Minister has not listed them.  There are continued controversies over which population units of the Bears should be protected and how.

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Uncertain environmental impacts remain difficult to challenge

December 14th, 2011 by Laura Bowman

Liard First Nation v. Yukon Territory (Minister of Energy, Mines & Resources), 2011 YKSC 55 (pdf)

The Liard First Nation is in the southeast Yukon. The First Nation participated in the territorial environmental assessment (EA) of a proposed quartz mine by Selwyn Chihong in the Howard’s pass area near Watson Lake.  After consultations with Liard FN the Yukon designated office approved the environmental assessment report. There were numerous outstanding environmental questions at the end of the environmental assessment process. The main dispute in the case was the deferral of controversial water and pollution issues to licensing. The Liard FN alleged that the approval of the environmental assessment was unreasonable and breached the duty to consult and accommodate.

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