Environmental & Aboriginal Law

The rights of First Nations & Métis in terms of the Crown’s duty to consult, and legislation and jurisprudence relating to the environment in the aboriginal law context and otherwise

Picture of Innukshuk at Whistler

Is Trudeau’s support for UNDRIP a meaningless ploy?

December 9, 2020 | By Julius Melnitzer The Liberal government’s introduction of legislation implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is nothing more than fluff: it’s unworkable and gives our Aboriginal neighbours false hope about its potential. Why is it that after 150 years of persecuting our Aboriginal neighbours, we […]

EU environmentalists score big access to justice win

November 7, 2020 | By Julius Melnitzer The European Commission (EC) has finally moved towards meaningful rights for environmentalists to challenge administrative decisions. In theory, non-governmental organizations(NGOs) have had that right since the European Union (EU) signed the United Nations-backed Aarhus Convention, which came into force in 2001. The Convention now has 47 states as […]

Government should be honest about its support for UN Indigenous rights resolution

Monday, December 04, 2017 Why is it that after 150 years of persecuting our Aboriginal neighbours, we still insist on misleading them? Why do we keep shrouding their hopes in mist? Justin Trudeau pleased many when Canada announced that it was a “full supporter” of the United Nations Declaration on the Rights of Indigenous Peoples […]

Insurers lead response to climate change disasters

The impact of climate change on the insurance industry has made it a vocal supporter of remedial measures. “The insurance industry, which so often gets bad press, is leading the charge and deserves a shout-out,” says John Olah of Beard Winter LLP in Toronto. Earlier this month, the Insurance Bureau of Canada called on the […]

Trans Mountain’s biggest obstacle looks set to drag the long-running pipeline saga well into 2022

Construction may have resumed and Trudeau has promised to see TMX through, but it’s the legal delays that look set to hold everything back With the Federal Court of Appeal set to hold its second hearing on approval of the Trans Mountain Pipeline in December, it may seem that the end is near for the […]

Why B.C.’s Indigenous rights bill is ‘impractically broad’ and inconsistent with Canadian law

The main issue with Bill 41 appears to be whether the legislation gives First Nations a veto on resource projects British Columbia’s Bill 41, aimed at implementing the Universal Declaration on the Rights of Indigenous Peoples (UNDRIP) into provincial legislation is — depending on one’s perspective — either a forward-looking framework that will provide much-needed […]

Alberta bill to boost Indigenous access to investment capital

Bill 14, the Alberta Indigenous Opportunities Corporation Act, represents the first attempt in Canada to set up a permanent structure that will facilitate investment and access to capital by Indigenous groups in natural resource projects and related infrastructure. “The approach isn’t an entirely new one, but what makes it unique is that it moves beyond ad […]

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