416 962 5009
≡ Menu

law

INTERPOL environmental crimes unit

International environmental wildlife and pollution crimes are attracting growing attention from INTERPOL, partly because many of them are committed by organized crime. For example, in response to the recent surge of ivory tracking, INTERPOL formed a  dedicated environmental crime team in Africa. As InterPOL puts it: "Environmental crime is a serious and growing international problem, and one which takes [...]

Contaminated sites change in Provincial Policy Statement

The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and "provides clear policy direction on land use planning to promote strong communities, a strong economy, and a clean and healthy environment."  What effect will the [...]

Chevron intervention: what is the “public interest”?

The Canadian Bar Association (CBA) has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court. The Ecuadorian plaintiffs in the case are seeking to enforce a $9.5 billion judgment obtained in Ecuador for terrible oil pollution and health damages allegedly caused by [...]

New Biodiversity Treaty in effect this week

Fair sharing of biodiversity: The Nagoya Protocol on Access to Genetic Resources and the Fair Equitable Sharing of Benefits Arising from their Utilization, under the United Nations Convention on Biodiversity (CBD), enters into force this week. The Protocol is an international environmental agreement intended to ensure that those, who share access to genetic resources and associated traditional [...]

As minimum fines get higher, is there a work-around?

As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: credit for compliance with regulatory orders, and concurrent [...]

Second shoe falls: flyrock discharge after Castonguay

If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?