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The Tanker Moratorium Act

In May 2017, the Canadian government introduced Bill C-48, the proposed Oil Tanker Moratorium Act, to Parliament. The proposed Act would prohibit tankers with a specific amount of crude or persistent oil as cargo – 12,500 metric tonnes of oil…

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The Canadian government’s 2016 review of environmental protection laws

In 2012, in the middle of the Joint Review Panel process for assessing Enbridge’s Northern Gateway Pipeline Project, the federal government suddenly enacted significant amendments to laws governing pipelines and environmental protection (the “2012 Changes”). The 2012 Changes included a…

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Federal Court of Appeal quashes Enbridge pipeline certificates

In a lengthy 146-page decision, the Federal Court of Appeal quashed the Governor in Council’s order, and turn, Enbridge’s pipeline certificates. Lisa C. Fong, of Ng Ariss Fong, acted for Heiltsuk Tribal Council and Kitasoo Xai’Xais Band Council. The court…

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Rematriation of the remains of Cheeky, the grizzly bear

The Central Coast Indigenous Resource Alliance and Raincoast Conservation Foundation successfully obtained a recommendation from the provincial court that the remains of Cheeky, the grizzly bear, be returned to the Kwatna, to be addressed in accordance with traditional laws. The…

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Province’s duty to consult where joint environmental assessment

In the recent Coastal First Nations case (handed down on January 13), the B.C. Supreme Court addressed the Province’s agreement to treat any NEB assessment as equivalent to an assessment under BC’s Environmental Assessment Act, S.B.C. 2002, c. 43, and…

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