Sarah Hansen quoted in The Lawyer’s Daily article on BC Supreme Court ruling
The Lawyer's Daily, "Court must balance rules of evidence while recognizing Indigenous traditions, B.C. judge rules"
In a ruling being characterized as a first in Canada, a B.C. Supreme Court judge has ruled an Indigenous elder can present evidence as part of a panel during depositions in a land claims case, which the First Nation’s counsel...
Indigenous Laws and Perspectives in Environmental Assessments
Environmental Law & Aboriginal Law-Vancouver Joint Section Meeting, CBA (BC Branch)
Review of Federal Environmental Assessment and Regulatory Processes
Miller Thomson seminar, "Project Development - Environmental and Indigenous Considerations"
Environmental Issues in Property Development
Miller Thomson seminar
Annual Legal and Regulatory Review
Agri-Energy and Waste Management Forum, Pacific Agriculture Tradeshow
SCC Ruling on Aboriginal Title: Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 and Significant Changes to the Legal Landscape
On June 26, 2014, the Supreme Court of Canada (“SCC”) released its landmark decision in Tsilhqot’in Nation v. British Columbia. At the heart of this decision, the SCC was confronted with the question of Aboriginal title and what constitutes a...
Regulating Greenhouse Gas Emissions in BC
Miller Thomson seminar: Environmental Issues in Agriculture
BC Contaminated Sites 101 and Consultants Liability
Miller Thomson seminar
GHG Emission Regulation in BC
Insight conference: Environmental Law in BC
Environmental Update – Case Law and Tribunal Decisions
Miller Thomson Seminar - Off-site Contamination: A Primer for Landowners and Developers
R. v. Dickie – Income Earned on Reserve
PBLI Conference: The Latest Developments in First Nation Taxation
Federal Budget Review 2013
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Making Your Case Before an Administrative Tribunal
CBA Skilled Lawyer Series III
Environmental Law: Recent Developments of Importance
The 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada
Greater Vancouver Regional District Proposes New Odour Management Bylaw
The introduction of regulatory measures to address the impact of odour emissions from facilities that process organic materials is being considered by the Greater Vancouver Regional District (the “GVRD”). The GVRD has the authority to address issues surrounding air quality...
Tax Court of Canada Rules on Location of Business Income for the Purpose of Tax Exemption Under the Indian Act
On July 10, 2012, the Tax Court of Canada released its judgment in Dickie v. The Queen, 2012 TCC 242, wherein Miller Thomson, and co-counsel Robert Janes of JFK Law Corporation, were successful on an appeal of a reassessment made...
Federal Budget Review
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Injunctions Issued Against Companies for Lack of Aboriginal Consultation
Two recent decisions in Ontario and British Columbia provide examples of the courts temporarily restraining commercial development for a lack of adequate consultation with affected Aboriginal groups. Wahgoshig First Nation v. Her Majesty the Queen in Right of Ontario et...
Environmental Case Law Update
Presentation for Environmental Managers Association of BC Workshop
Dealing with Regulatory Inspections and Investigations
Miller Thomson Environmental seminar
Environmental Liability in Canada
Annual Review of Civil Litigation, Carswell, 2011
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Case Comment – Upper Nicola Indian Band v. British Columbia (Environment), 2011 BCSC 388
In the recent case of Upper Nicola Indian Band v. British Columbia (Environment), 2011 BCSC 388, the British Columbia Supreme Court considered the scope of the Crown’s duty of consultation with aboriginal people in light of the decision of the...
Litigation Arising Out of LEED Issues
Miller Thomson seminar: Green Buildings: Problems, Solutions & Opportunities
Due Diligence in Buying Residential Property – Beware Leaking Oil Tanks
For most of us in today’s age of natural gas and electricity, we don’t often think about the implications of home heating oil tanks and the contamination that they can cause to residential properties. For those who have bought or...
Tougher Environmental Enforcement Measures Now In Place
On December 10, 2010 many sections of Canada’s Environmental Enforcement Act (“EEA”) came into force. The EEA amends the offence, sentencing, penalty, and enforcement provisions of nine federal environmental statutes in the following respects: Prescribing minimum fines; Increasing fines up...
An Overview of Federal and BC Environmental Assessment Regimes
EPIC Conference: Understanding Environmental Regulation
Report Indicates Canada Should Implement National Climate Policies Ahead of U.S.
Miller Thomson Client Alert
On January 25, 2011, the National Round Table on the Environment and the Economy (“NRTEE”) released its report: Climate Prosperity- Parallel Paths: Canada- U.S. Climate Policy Choices. The report explores both the economic and environmental implications of Canada harmonizing with...
Prosperity Mine Project Blocked by Federal Government
On November 2, 2010, the federal government announced a long-awaited decision not to approve Taseko’s controversial open-pit gold and copper mine in British Columbia, citing concerns that the project would have a significant adverse environmental effect. According to then federal...
Case Comment – Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council
On Thursday, October 28, 2010, the Supreme Court of Canada released its decision in Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council, overturning the British Columbia Court of Appeal and confirming the decision of the British Columbia Utilities Commission (the...
Consultation Process for Proposed Emissions Trading and Offsets Regulations
The British Columbia Ministry of Environment (the “Ministry”) is interested in establishing a regional emissions cap and trade system (the “System”) that includes carbon offsets, pursuant to the Greenhouse Gas Reduction (Cap and Trade) Act, S.B.C. 2008, c. 32 (the...
Controlling Odours in Metro Vancouver: The Ability of Regulators to Impose Controls
The BC Environmental Appeal Board recently decided that the District Director (pursuant to the Environmental Management Act) had gone too far when, on his own initiative, he amended an air permit held by West Coast Reduction Ltd. (“West Coast”) by...
Major Petroleum Spill in Johnstone Strait in Orca Sanctuary: Due Diligence Lessons for Captains and Barge Owners
Co-author: Christina Cook (Articled Student, Miller Thomson Vancouver) A recently reported decision provides useful insight into the due diligence defence. The Accident On August 20, 2007 the “Kathy L”, a barge loaded with large logging equipment and 19,453 litres of petroleum products,...
BC Introduces New Clean Energy Act
Introduction Last week, the British Columbia government introduced Bill 17 (2010), the Clean Energy Act (the “Act”). The Act implements many of the recommendations of the Clean Energy Task Force as well as policy initiatives announced in the 2010 Throne...
West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359: Delegation to Departmental Officials Failed to Satisfy the Honour of the Crown
In February 2010, the Supreme Court of British Columbia heard an application by West Moberly First Nations to quash three decisions of individuals appointed as statutory decision makers for the Crown: A September 1, 2009 decision of the Chief Inspector...
GLOBE 2010: A Recap of Sessions
The GLOBE Foundation is a Vancouver-based, not-for-profit organization dedicated to finding practical business-oriented solutions to environmental problems. GLOBE 2010 brought about 10,000 people to post-Olympic Vancouver to talk about the business of the environment. A number of Miller Thomson’s environmental...
The Environmental Assessment Track – Discretion to Scope is Not Discretion to Track?
Mandatory Reporting of Greenhouse Gas Emissions: Some Recent Developments in Canada
Canadian Consulting Engineer
BC’s Mandatory Greenhouse Gas Emission Reporting to Begin on January 1, 2010
British Columbia’s Mandatory Greenhouse Emissions Reporting to Begin on January 1, 2010
Regulating Renewable Energy and the Pacific Carbon Trust (PCT)
Miller Thomson seminar: "CleanTech, Green Energy and Environmental Update"
Climate Change: Carbon Tax v. Cap and Trade
Is Your Company Prepared for New Environmental Enforcement?
Environmental Enforcement and Compliance in BC – An Update
Review of Federal Budget 2009: Environmental Aspects
Mandatory Reporting of Greenhouse Gas Emissions in BC: Obligations to Begin in Early 2009
Aboriginal Rights vs. The Public Interest
Pacific Business Law Institute
Feds, Frogs & Fish – Environmental Issues: Case Studies
Miller Thomson seminar: "Understanding Aboriginal and Environmental Issues in Project Development"
Recent Climate Change Initiatives in British Columbia
The Latest Word: When Does the Duty to Consult Arise? The Dene Tha’ First Nations Case
The “Made in Canada” Solution to Greenhouse Gases and the Kyoto Protocol: the Clean Air Act Introduced