Canadian Lawyer - sample

November/December 2017

The most widely read magazine for Canadian lawyers

Issue link: https://digital.canadianlawyermag.com/i/900364

Contents of this Issue

Navigation

Page 2 of 47

w w w . C A N A D I A N L a w y e r m a g . c o m N O V E M B E R / D E C E M B E R 2 0 1 7 3 hat drives environmental lawyers to do their work? Clearly, part of it is passion, and anyone who has met such a lawyer would likely say, with a laugh, that "it isn't the money." But those who are passionate about a cause, some may say, often come across as self-righteous or even radical. Environmentalists can be single-minded and unrealistic, constantly predicting doomsday scenarios where the earth is ravaged by human greed. And while I personally empathize with environmental concerns, I was also cognizant of the reputation of the environmental movement as we considered profiling these lawyers. I knew some of our readers might be less sympathetic or might have had clients who were negatively affected by environmental regulation. I wanted the writer to push these lawyers to see if their passion was truly backed up with facts. As our cover story shows (p. 26), my skepticism was misplaced. These lawyers have a truly nuanced, yet still passionate, appreciation of the complexity involved with defending our planet. They are far too sophisticated to simplify anything they are working on. Despite the fact that they operate in an adversarial system, where parties are pitted against each other and self-interest often triumphs, these lawyers can manage to be creative and get things done. Lisa Mitchell, an environmental lawyer in Halifax, cites the first private prosecution in Nova Scotia on an environmental issue she helped initiate, which eventually prompted the province's Public Prosecution Service to take over the case. Theresa McClenaghan, who appears on our cover and heads the Canadian Environmental Law Association, says government is often calling on the CELA to join advisory committees or give input on a particular law reform initiative. Private sector lawyers are also regularly asking for help with pleadings or research. Environmental issues may be litigated in an adversarial setting, but, in reality, the work often involves consensus building and practical compromise. As my stereotype of environmental lawyers was debunked, I was reminded of a compelling story in The New Yorker entitled "Carl Icahn's Failed Raid on Washington." While the facts of the story are complex, it essentially recounts how the famous financier Carl Icahn, after being appointed a special adviser to U.S. President Donald Trump earlier this year, spent much of his time trying to dismantle an environmental rule meant to promote the use of ethanol and other biofuels. This rule just happened to also negatively affect a company in which he had a controlling stake. Icahn was unsuccessful, partly because the original law had a broad cross-section of supporters — including environmentalists, national security hawks, farm-state lawmakers and even the American Petroleum Institute. Getting the original law passed was likely a monumental consensus-building exercise, and Icahn's single- minded pursuit to overturn it was not enough to get it reversed. No doubt some smart environmentalists were consulted when it was passed to ensure it would last. While the Icahn story is far removed from the day-to-day concerns of Canada's environmental lawyers, it does provide an interesting contrast. It shows that belief in a cause, while important, needs to be accompanied by many other traits. In other words, passion may drive these environmental lawyers, but it isn't enough for them to get the job done. They need reason, doggedness and a willingness to be creative to truly defend the environment in an effective way. E D I T O R ' S D E S K @canlawmag tim.wilbur@tr.com Director/Group Publisher: Karen Lorimer karen.lorimer@tr.com Managing Editor: Tim Wilbur tim.wilbur@tr.com Associate Editor: Mallory Hendry mallory.hendry@tr.com Copy Editor: Patricia Cancilla Art Director: Bill Hunter Production Co-ordinator: Catherine Giles catherine.giles@tr.com Contributors: Shannon Kari, Michael Ganley, donalee Moulton, Mark Cardwell, Geoff Ellwand, Jean Sorensen, Marg. Bruineman, Mallory Hendry, Jim Middlemiss, Elizabeth Raymer, Alex Robinson Canadian Lawyer is published 11 times a year by Thomson Reuters Canada Ltd. All rights reserved. Contents may not be reprinted without written permission. The opinions expressed in articles are not necessarily those of the publisher. Information presented is compiled from sources believed to be accurate, however, the publisher assumes no responsibility for errors or omissions. Canadian Lawyer disclaims any warranty as to the accuracy, completeness or currency of the contents of this publication and disclaims all liability in respect of the results of any action taken or not taken in reliance upon information in this publication. Sales and Business Development Sales Manager: Paul Burton E-mail: paul.burton@tr.com Tel: 416-649-9928 Business Development Consultant: Ivan Ivanovitch E-mail: ivan.ivanovitch@tr.com Tel: 416-887-4300 Client Development Manager: Grace So E-mail: grace.so@tr.com Tel: 416-903-4473 Business Development Consultant: Kimberlee Pascoe E-mail: kimberlee.pascoe@tr.com Tel: 416-996-1739 Account Executive: Steffanie Munroe E-mail: steffanie.munroe@tr.com Tel: 416-315-5879 Canadian Lawyer Thomson Reuters Canada Ltd. One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Tel: (416) 298-5141 Fax: (416) 649-7870 E-mail: cl.editor@tr.com Web: canadianlawyermag.com Linkedin: linkedin.com/groups/4917423 Twitter: @canlawmag Facebook: facebook.com/CanLawMag Publications Mail Agreement #40766500 ISSN 0703-2129 © 2017 HST Registration #R121349799 RETURN UNDELIVERABLE CANADIAN ADDRESS TO: CIRCULATION DEPARTMENT One Corporate Plaza 2075 Kennedy RD., Toronto, ON. M1T 3V4 RETOURNER TOUTE CORRESPONDANCE NE POUVANT ÊTRE LIVRÉE AU CANADA AU SERVICE DES PUBLICATIONS One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Circulation/Address Changes/ Subscriptions Keith Fulford Tel: (416) 649-9585 Fax: (416) 649-7870 E-mail: keith.fulford@tr.com Subscription rates: Canada1 year print and digital $102 plus HST, 1 year digital only $99. Outside Canada 1 year print & digital $99 USD, 1 year digital only $99. For all circulation inquiries and address changes send a copy of your mailing label or labels along with your request in writing to Canadian Lawyer, One Corporate Plaza, 2075 Kennedy Rd., Toronto, ON. M1T 3V4 Passion within reason By Tim Wilbur W

Articles in this issue

Links on this page

Archives of this issue

view archives of Canadian Lawyer - sample - November/December 2017