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Canadian ERA Perspectives Blog

Articles: 1-10 of 98

Recent Amendments to the Endangered Species Act, 2007: Conservation Fund Species and a New Option for Compliance

Canada - January 18 2022 In December, 2021, the Ontario government made a number of regulatory changes under the Endangered Species Act, 2007 (“ESA”), including changes to…

Lingering effects of COVID-19 on First Nations’ election cycles

Canada - July 22 2021 Over the past sixteen months, the Government of Canada has taken significant steps to limit the spread of COVID-19. These steps have had…

BC Proposes Extensive Changes in Draft Action Plan to Implement UNDRIP

Canada - July 20 2021 The BC government recently released a draft action plan to support the implementation of the United Nations Declaration on the Rights of Indigenous…

BC Supreme Court Rules ‘Cumulative Effects’ of Industrial Development Infringe Treaty Rights of BC First Nation

Canada - July 9 2021 Last week, the British Columbia Supreme Court ruled that the BC government has unjustifiably infringed the treaty rights of Blueberry River First…

Who’s in charge here? Da’naxda’xw First Nation v Peters and the dynamics of one First Nation’s leadership

Canada - July 6 2021 The Federal Court recently weighed into a hereditary leadership dispute involving the Da’naxda’xw First Nation (DFN) in British Columbia, ruling that…

B.C. Court of Appeal Provides Guidance on the Relevance of Climate Change Impacts in Administrative Decision Making

Canada - June 16 2021 In Highlands District Community Association v. British Columbia (Attorney General), the British Columbia Court of Appeal considered whether a mines…

Coalition of Canadian Plastic Industry Members Launch Legal Challenge to Designation of Plastic Manufactured Items as Toxic under CEPA

Canada - June 4 2021 By an Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999 published in the Canada Gazette on May 12, 2021…

Canada’s Highest Court Recognizes that US Indigenous Communities Can Hold Constitutionally Protected Aboriginal Rights in Canada

Canada, European Union - April 29 2021 The Supreme Court of Canada ruled last week that the Lakes Tribe in Washington State have a constitutionally protected Aboriginal right to hunt in a…

The Offence of Failing to Assist an Inspection - R v Land Petroleum International Inc., 2021 ABPC 76

Canada - March 30 2021 Recently, the Provincial Court of Alberta found Land Petroleum International Inc. (Land Petroleum) guilty of the rarely prosecuted offence of failing…

The Federal Carbon Pricing Regime is Constitutional - What the Supreme Court’s Decision Means for Business

Canada - March 26 2021 On March 25, 2021, the Supreme Court of Canada (the “SCC”) released the much-anticipated decision on the provincial challenges to the…