Devil is in the details for resource project developers in wake of landmark cumulative treaty rights decision
By Julius Melnitzer | March 23, 2023 An historic agreement between B.C. and the Blueberry River First Nation could spell greater certainty for proponents of development projects on treaty lands throughout the country. “The court recognized that it’s hard to protect historical rights when they are being assessed on a project-by-project, piecemeal basis,” said Martin […]
Great Lakes fleets thrown overboard by new global maritime emissions standards
New rules ignore realities of inland shipping, leaving industry to develop alternate strategies By Julius Melnitzer | January 31, 2023 Despite efforts to reduce their carbon emissions, Canada’s lakers — the ships that carry cargo in the Great Lakes, St. Lawrence River and Arctic and East coasts — are finding themselves in an environmental and […]
No ‘commercial mainstream’ exception allowing receiver to seize on-reserve Indigenous assets: OCA
Ian Collins is satisfied with the result for his client but remains unhappy with the decision By Julius Melnitzer | October 13, 2022 The Ontario Court of Appeal has ruled that s. 89 of the Indian Act prohibits court-appointed receivers from seizing an Indigenous person’s on-reserve businesses and assets. The ruling overturns Superior Court Justice Stanley Kershman’s […]
Trial judge may consider accused’s Indigeneity in criminal records admissibility determination: OCA
Decision dispels controversy about whether Gladue principles apply to trial process By Julius Melnitzer | September 30, 2022 The Ontario Court of Appeal has ruled that trial judges may consider an accused’s Indigeneity in determining whether their criminal records are admissible in cross-examination. “This is an important and helpful legal precedent on an issue that […]
Maritime shipping tries to reduce emissions, but key obstacles remain in its lane
By Julius Melnitzer | July 23, 2022 Aviation tends to get the public’s attention when it comes to the transportation sector and greenhouse gas (GHG) emissions, but shipping, which is responsible for 2.9 per cent of emissions compared to aviation’s 2.4 per cent, is at least as much of a culprit. “Very few people understand […]
Utica Resources files lawsuit seeking billions of dollars if Quebec implements Bill 21
By Julius Melnitzer | June 27, 2022 Utica Resources Inc. filed a lawsuit this week seeking to invalidate the Quebec government’s ban on hydrocarbon exploration and exploitation, or obtain billions of dollars in compensation for what it claims is an expropriation, giving new life to critics’ claims that the legislation will hamper economic development and […]
Blood Tribe reserve ruling draws distinction on treaty rights
By Julius Melnitzer | June 8, 2022 First Nations seeking to enforce treaty rights must commence their claims within the applicable limitation periods in provincial and federal legislation, even if the treaty rights arose before Aboriginal rights were enshrined in the Constitution Act of 1982, according to a Federal Court of Appeal ruling earlier this […]
Alberta energy sector still in limbo as appeals court weighs Impact Assessment Act
By Julius Melnitzer | May 3, 2022 More than 14 months after hearing Alberta’s challenge to the federal government’s Impact Assessment Act, the province’s court of appeal has yet to render a decision, leaving industry players on “pins and needles” over a ruling that could have a major impact on the regulation of Alberta energy […]
In the push to net-zero, Scope 3 emissions are increasingly on the radar. Here’s why they put companies in a tricky spot
By Julius Melnitzer | March 29, 2022 Pressure to pursue climate-change strategies that address Scope 3 emissions — those generated not through operations but across the value chain — is mounting on Canadian companies, despite challenges posed by a lack of regulatory guidance and the breadth of the category itself. “Investors’ focus is gradually shifting […]
B.C. Supreme Court ruling on First Nations’ infringement rights to ‘open up broad range of remedies’
The court found that Rio Tinto had ‘significantly impaired’ the Saik’uz and Stellat’en First Nations’ historical fishing rights By Julius Melnitzer | January 26, 2022 The British Columbia Supreme Court has opened up yet another avenue for First Nations seeking redress against project developers for infringement of their Aboriginal rights and title. “While litigation has […]