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

BARE BONES BRIEFS: “Most positively reviewed” lawyer faces new misconduct allegations | Law firm openly adopts slippery slope | Calling colleague “pathetic human” is professional misconduct | FCA boosts climate litigation | FC certifies “older inmates” class action

By Julius Melnitzer | January 31, 2024 SAMFIRU TO FACE MISCONDUCT ALLEGATIONS IN ALBERTA Lior Samfiru, the Toronto-based national co-managing partner of employment law boutique Samfiru Tumarkin LLP, a firm that claims to be the “most positively reviewed employment law firm in Canada”, must now contend with allegations of professional misconduct in Alberta in addition […]

BARE BONES BRIEFS: Cyberattack costs law firm $11 million | OCA: testamentary revocations ineffective against RRIF and RFSA beneficiaries | Companies ignoring law requiring disclosure of Indigenous payments | Dubai’s DEC’s first case | Dellelce gets third honourary doctorate

By Julius Melnitzer | September 18, 2023 CYBERATTACK HITS CONVEYANCING GIANT Simplify, the UK’s largest independent conveyancing and property services group, which embraces six of the largest conveyancing law firms in the UK and handles 250,000 transactions annually, suffered almost $12 million in losses from a cyberattack in 2021 that created a major IT systems […]

Critical minerals sector will have to wait on speedier timelines for development

By: Julius Melnitzer | April 18, 2023 Ottawa has made critical minerals development a centrepiece of its economic agenda, but when it comes to the bureaucracy surrounding impact assessment and other permitting processes for major projects, much is still up in the air. The March 28 federal budget proposed a raft of measures to advance the sector, seen as […]

Marine commerce group calls for green shipping corridor to help cut emissions

Would enable marine industry to achieve its 2050 net zero goals By Julius Melnitzer | March 26, 2023 Canada’s Chamber of Marine Commerce is calling for the establishment of a green shipping corridor in the Great Lakes­–St. Lawrence region as the centrepiece of its 2023 wish list for legislators and policy makers. The green corridor […]

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 […]

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