In mid‑March 2012, a number of news outlets reported that the Harper government is looking at significant changes to the wording of the Fisheries Act after they were leaked to Otto Langer.
Continue reading “Proposed Changes to Fish Habitat Provisions of the Fisheries Act”
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.
Continue reading “Important Environmental Law Amendments in the Ontario 2012 budget bill”
The Toronto Cyclists Union released a legal opinion (pdf) by Laura Bowman today which outlines the case that the City of Toronto must conduct a Schedule C Environmental Assessment in order to remove the Jarvis Street bike lanes and re-install the centre reversible lane. The bike lanes have been slated to be removed this summer.
In an article on spacingtoronto.ca, Mathew Blackett praises the action, writing, “instead of the typical cycling activist action of taking over an intersection and holding bikes high overhead to piss off drivers, the Union is taking the game to the City.”
The Union has given the city ten days to respond after which they will submit their request to the Minister of the Environment.
We’re pleased to announce that we’ve joined forces with rabble.ca to write a new monthly column called Pro Bono.
In our first entry, Paula Boutis writes about the March 8, 2012 NDP motion which expands the investigative powers of Elections Canada in response to the “robocall” scandal. The motion passed unanimously. Paula explains what this will mean.
The Ontario Government released its budget on March 27, 2012. In it, it stated the following:
Ministry of Natural Resources Transformation
To enable the Ministry of Natural Resources to transform the stewardship and conservation of Ontario’s natural resources in the most fiscally responsible way, the ministry is proposing to:
- transform key parts of its legislation, regulations, policies and guidelines with a view to streamlining and automating permitting processes and requirements;
- conduct resource management with a stronger regional focus and fewer field offices; and
- redesign its science and delivery activities to shift away from a species-by-species approach to a risk-based ecosystem/regional approach.
…
The Province is proposing amendments to the Endangered Species Act that maintain its commitment to protecting species at risk while streamlining approvals and permitting.
Earlier this year, we wrote about Sierra Club Canada’s application in the courts challenging the first permit issued to harm species at risk and/or their habitat under the Endangered Species Act (Act) After a loss at the Divisional Court, Sierra Club Canada sought leave to appeal to the Court of Appeal, which was denied.
As counsel for Sierra Club Canada, I had an in‑depth look at how the first permit was issued to harm species or their habitat for the Windsor Essex Parkway (WEP). I can certainly attest to the fact that a lot of work was done by the Ministry of Natural Resources in “going through the process” required by the Act; but it was Sierra Club Canada’s conclusion, that when viewed objectively, one would be hard pressed to say that there would be no jeopardy to the recovery or survival of certain of the species at risk affected by the WEP, as the Endangered Species Act requires. In particular, this was Sierra Club Canada’s view for three species affected by the project, Eastern Foxsnake (Carolinian Population), Butler’s Gartersnake, and Colicroot, a plant species.
In the current issue of the Ontario Bar Association’s ENVIRONEWS, Paula Boutis and David McRobert describe their recent application to the Environmental Commissioner of Ontario that advocates for legislation mandating funding for participants and intervenors in various statutory hearing processes. The law would improve on similar legislation that existed in Ontario from 1988 to 1996. We previously wrote about this here and here.
David McRobert is co-author of another article (pdf) in the issue. He and Tyler Edwards consider whether an over-emphasis on recycling – to the detriment of reducing and reusing – has contributed to the waste management and broader societal problems that we are facing today.
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