Canadian Lawyer

September 2008

The most widely read magazine for Canadian lawyers

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MANAGING PARTNER Following his passions at Ecojustice BY GAIL J . COHEN D Q evon Page formally took over the role of executive director of Ecojustice last April. He's been with Canada's largest public-interest environmental law organization, previously known as Sierra Legal Defence Fund, since 2001. He's had a love of the wilderness since he was a child, but became an avowed environmentalist after a couple of summers planting trees in Alberta's oil sands. After seeing law as a road to effecting change, he worked as a civil litigator in Saskatchewan before joining Ecojustice as a forestry lawyer. He talks to Canadian Lawyer about Ecojustice's role and following his passions. What are the major issues that Ecojustice is currently pursuing? One of the more recent high-profile cases that we did was challenging an environmental assessment of the Kearl oil sands project that was put forward by Imperial Oil, because it failed to address the significance of greenhouse gas output from the project itself [Pembina Institute v. Attorney General (Canada)]. So let me give you a little more back- ground on that: a tar sands project is pro- posed, an environmental assessment oc- curs, the environmental panel concludes that the greenhouse gases that would be emitted by the project are insignificant. But it just so happens that those green- house gases are equivalent to 800,000 vehicles per year, and so, in that context, it seemed unreasonable that they would come to the finding that they did. We ju- dicially reviewed the decision and won, and then won on appeal. The result of which is that the panel had to reconsider its finding about insignificance. That decision has created a precedent which raises the threshold for environmental as- sessment of tar sands projects in Canada. Q What are your responsibilities as the executive director? The executive director is the pro- fessional assistant to the board of directors. I am tasked with essentially implementing the strategic vision of the board and developing that within the or- ganization. For the period I was acting ex- ecutive director, I carried a caseload and found that it was unworkable. And for the large part, with the exception of a few files, I've divested myself of my litigation role. Q Do you think there is a benefit to being a lawyer leading this organization? I think so. We've been led by law- yers and non-lawyers. The previ- ous executive director was a non-lawyer who did an outstanding job. . . . There is merit to having a lawyer at the helm. The merit is essentially that law can be complex and there's myriad issues that an executive director has to confront and understand and grapple with. It's an impediment to not have a grounding in law, in terms of overseeing an organi- zation that at the end of the day has to achieve excellence in law. Q Q how many lawyers and offices does Ecojustice have? Currently we carry 12 lawyers in of- fices in Vancouver and Toronto. We will soon be opening an office in Alberta. how would Ecojustice's work differ from that of a 'regular' environmental law firm? I don't know if there is a "regular" environmental law firm. Our mis- sion, though, is fairly distinct from those that do exist in Canada. Our mission is to use the law to address issues of environ- mental significance and to create legal precedents that will create long-stand- ing protection for the environment. The other [similar environmental] law firms, and there are only a few in Canada, none have litigation, especially test-case litiga- tion, as its core focus. The other thing I'd say that distinguishes us is that we main- tain a specific science arm. We employ 16 SEPTEMBER 2008 www. C ANADIAN Law ye rmag.com DEVon PAGE some of the leading scientists in Cana- da, the specific purpose of which is to complement our litigation strategy and to develop positions on science that will result in policy or law change. Q What public role does Ecojustice have to play with environmental issues? If environmental issues have moved to front of mind with the Canadian populace, it's in part because of the role that Ecojustice has played. Because one of our key roles is educat- ing the public, and policy and decision- makers, about the state of the environ- ment. . . . I think now, more than ever, we have to do what we do, which is tackling significant environmental issues, and try to create precedents that will help protect the environment, and trying to ensure the development of laws that ef- fectively protect the environment. Q What advice do you have for a young lawyer who wants to get involved in social justice and environmental law? Follow your passions. There may not necessarily be a place for you now, but, if you build your skills, this is a burgeoning area of law, and there will be a place for you in the future. Do what I did. Go get a job at a law firm and prac- tise in the real world before you hit the rarefied air of environmental law. To read more of DEVON PAGE'S interview with Canadian Lawyer, visit us online at canadianlawyermag.com PHOTO: GAIL J. COHEN

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