In this blog post, PhD student Erin Dobbelsteyn draws connections between the teachings of Braiding Sweetgrass and sustainability, and explores the ways in which the expression of these principles in legal systems and theories might assist in achieving global sustainability.
Read moreLa Rose Climate Case
Lawyers, legal scholars, environmental advocacy groups and affected persons continue to push the legal envelope in Canada through climate litigation, intending to address the causes and consequences of climate change through the courts in instances where governmental and societal inaction has failed us. One such case in Canada is La Rose v Her Majesty the Queen, a lawsuit filed by 15 youth across the country who are facing various adverse impacts of climate change and are challenging the Government of Canada to do more to protect their rights and mitigate these impacts.
Read moreThe Success of Urgenda: A Powerful Vision for Canadian Climate Litigation in 2020?
There are currently four climate litigation cases against Canadian governments that are set to be heard in 2020. Each of these cases raises novel and challenging issues for litigants, governments, lawyers, and judges to grapple with, including: justiciability of policy-laden decisions; positive v. negative obligations under the Charter; establishing causation; and effective remedies. Hoping to provide some prescient insight for the year ahead, this blog post summarizes these cases and explores the potential impact that Urgenda may have on Canadian climate litigation.
Read moreTop 10 Takeaways From ONCA Decision Upholding Federal Carbon Pricing Law
On June 28, 2019, the Ontario Court of Appeal issued its opinion on the constitutionality of the Greenhouse Gas Pollution Pricing Act (i.e. the federal government’s carbon-pricing framework).
Like with the recent Saskatchewan Court of Appeal decision, project team member Nathalie Chalifour has succinctly outlined her top ten takeaways from the decision (originally posted to Twitter, and reproduced here).
Read moreTop 10 Takeaways from SKCA Decision Upholding Federal Carbon Pricing Law
On May 3, 2019, the Saskatchewan Court of Appeal issued its opinion on the constitutionality of the federal government’s carbon-pricing framework. A 3-2 majority of the court agreed that Ottawa can impose a gradually rising floor price on greenhouse gas emissions across the country, confirming the consensus view of Canada’s legal experts. While the court’s opinion is only an advisory one and is confined to Saskatchewan (the Ontario Court of Appeal’s decision is next, and Saskatchewan has already filed leave to appeal to the Supreme Court of Canada), its recognition of climate change as a major threat requiring urgent political action is welcome.
Here, project team member Nathalie Chalifour succinctly outlines her top ten takeaways from the decision.
Read moreExtracting Environmental Justice: A Q&A Panel by Level uOttawa
By: Christa Croos and Aneta Bajic
Level’s chapter at the University of Ottawa Faculty of Law hosted a Q&A panel on February 7, 2018 featuring associate professors Heather McLeod-Kilmurray, Aimée Craft, Penelope Simons and Nathalie Chalifour, as well as the Human Rights Clinic Director of the Human Rights Research and Education Centre (HRREC) at the university, Salvador Herencia. The chapter was grateful to have the support of the Indigenous Law Students Association, the Environmental Law Students Association, and Canadian Lawyers for International Human Rights (CLAIHR) uOttawa as co-hosts. The discussion was shaped by questions posed by the students in the hosting clubs, which sparked enthusiasm in the speakers as it demonstrated to them the various areas of interest. We were pleased and overwhelmed by the interest and engagement of the law students who filled up the classroom for a casual lunchtime chat on the chosen topic.
Read moreWaste Not, Want Not: The Opportunities and Challenges Presented by Food Waste in Canada
By: Angela Lee
Increasingly, a cogent body of evidence demonstrates that the impact of global food and agricultural production and consumption patterns on environmental sustainability is not to be understated. For example, the recently published EAT-Lancet Commission report, the result of a multi-year study bringing together 37 experts from 16 countries, comes to the consensus that “[a] radical transformation of the global food system is urgently needed.” Put starkly, if we are to maintain human and planetary health, there needs to be a “great food transformation” entailing a number of significant dietary shifts, including increased consumption of plant-based foods while, in many settings, substantially limiting animal-sourced foods.
Read moreWhile politicians flex, she suffers
By: Alexandra Machicado-McGee. Originally posted on Inter Alia.
She keeps giving, we keep taking, yet no one ever asks for consent nor sets reasonable limits on what we can do to her. Carbon pricing is an important method that reduces greenhouse gas emissions and therefore combats climate change. With the death of the cap-and-trade program, environmental rights are once again set aside. Doug Ford’s Conservative government is failing to consider the serious impact that its policies will have on climate change and the residents of Ontario.
Read moreReflections on the Environmental Law Speaker Series on “The United Nations Global Pact for the Environment: Implications for Canada?”
By: Sunitha Bisan
The magnitude of issues under the United Nations Framework Agreement for Climate Change (UNFCCC) Paris Agreement raises questions about the purpose of the Global Pact for the Environment proposal. The current challenges under the Paris Agreement ranges from greater accountability of climate financing, gender integration, and the nationally determined contributions (NDCs) to loss and damage issues. Taking a step back, these concerns are around inequalities, ensuring there is no regression on commitments and just actions. Could a normative framework like the Global Pact for the Environment be the key to enhance implementation of our collective global commitments?
Read moreThe Transformation of Environmental Law and Governance: Innovation, Risk and Resilience
By: Angela Lee
Recently, Professor Heather McLeod-Kilmurray and I traveled to Glasgow, Scotland to attend the 2018 IUCN Academy of Environmental Law Colloquium, hosted by the University of Strathclyde Centre for Environmental Law and Governance. The colloquium, now in its 16th iteration, is a major event within the environmental law community around the world. Hundreds of scholars, practitioners, and students convened at the University's Technology and Innovation Centre to discuss and reflect on this year's theme, The Transformation of Environmental Law and Governance: Innovation, Risk and Resilience.
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