Posts Tagged ‘Environmental law’

Wither Ontario’s Endangered Species?

January 12th, 2012 by Paula Boutis

On January 10, 2011, the Environmental Commissioner’s released his special report “Biodiversity:  A Nation’s Commitment, an Obligation for Ontario.”  The Commissioner’s Press release is aptly titled “Ontario Government Missing in Action to Halt the Loss of Biodiversity.”

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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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