The most widely read magazine for Canadian lawyers
Issue link: https://digital.canadianlawyermag.com/i/50840
Key Developments in Environmental Law 2008-2009 (Formerly Environmental Law: The Year in Review) Stanley D. Berger and Dianne Saxe The issues are addressed head-on The past few years have witnessed many changes and significant developments in terms of the environment and the continuing shift of the legal climate towards going "green". This collection of timely, insightful and judicious articles is written by leading environmental law practitioners from across Canada. Articles include: • The Kearl Oil Sands Cases: Climate Change in Environmental Assessment and in the Courts by • Environmental and Climate Change Disclosure in 2008 by and • Is Government Liability Expanding for Historic Pollution Clean Ups? A Case Comment on Berendsen by ORDER your copy today Hardbound • 150 pp. • May 2009 • Standing order $105 • P/C 0152140000 Current edition only $115 • P/C 0152010000 • ISSN 1920-2512 canadalawbook.ca MERGING TRADITION WITH TECHNOLOGY 164407 DD CL 4Aug FilePckt 8/7/09 9:57 AM Page 1 For a 30-day, no-risk evaluation call: 1.800.263.2037 Canada Law Book is a Division of The Cartwright Group Ltd Prices subject to change without notice, to applicable taxes and shipping & handling. Berger_Key Developments (CL 1-3sq).indd 1 Exclusive Premium Fold Back End Tab File Pocket CL0909 case, and then leave companies to engage aboriginal groups in advance of a later application to actually develop the project before the provincial Energy Resources Conservation Board (ERCB). Th e message, then, is that in order to get approval, a company must show it has adequately consulted with aborigi- nal communities and addressed First Nations' issues. But Drew Mildon, a lawyer representing the Beaver Lake Cree, says those eff orts have been unsat- isfactory. "I think that for the Beaver Lake Cree, they've tried to be part of consultation processes and they've found them incredibly frustrating, that their concerns aren't listened to, that their interests aren't being dealt with. Th at's what brought them to us." In that case, the Alberta govern- 7/29/09 9:10:37 AM • Strong tear-resistant Tyvek Material • Eyelet reinforcements for extra strength • End tab for labelling • Top tab in right-hand position • Notched tab allows easy retrieval ment has fi led a motion in the Court of Queen's Bench to dismiss the case as "frivolous," a move Mildon expects to go to hearing in January. Th e province says it deals with consultation issues at the ERCB, a process Janvier says falls short of what's required. In most instances, company eff orts amount to guarantees to local aboriginal companies of con- tract work on projects. Janvier argues that's not enough. "Th ey give us some work, some contracts within their lim- ited means. But that's no future. Th at isn't the future because when you go look for a job, you want to make sure that job is going to give you enough to sustain your life. For us, that's how we look at it. We need something that's going to sustain us and carry us into the future regarding education and health." For Karin Buss, an Edmonton envi- N To order please quote product code 28506-00 Contains 30% recycled, 10% post consumer content. your LAW OFFICE PRODUCTIVITY source For more information contact your D&D Account Executive, call our Customer Care Team or visit us online dyedurhambasics.ca • 1-888-393-3874 48 SEPTEMBER 2009 www. C ANADIAN Law ye rmag.com Since 1998 C ronmental and aboriginal lawyer who has acted for First Nations in a number of ERCB hearings, industry consultations are insuffi cient since they don't consider the wider impact of all the various oil- sands developments going on around northern Alberta communities. "Really, the issue is the lack of leadership and particularly the managing of cumula- tive eff ects," she says. "Th e First Nations are really in a catch-22 because Alberta says it's going to delegate consultation. Because of the scope and magnitude of development, the cumulative eff ects have gotten very large." Alfred Page, Sean Nixon Adam Chamberlain John Vellone Jack D. Coop … and many more N R C G R ' E V e E O a a F p R d D m I a E n D L Y P a & o D A i P n E r D W e a n y