Articles 2023

Today
Today

18th Annual Charter Conference

  • October 29, 2019
  • Soo-Jin Lee

On October 3, 2019, the Constitutional, Civil Liberties and Human Rights Law Section of the Ontario Bar Association hosted the 18th Annual Charter Conference. Leading practitioners and experts of Canadian Charter of Rights and Freedoms (Charter) law provided updates on recent Charter decisions and upcoming cases, developments in Charter jurisprudence and strategies for effective Charter advocacy.

Public Sector Lawyers, Student Forum

Canada Joins WIPO’s Patent Law Treaty in its Unprecedented Intellectual Property “Going Global” Move for the Second Time in the Same Year

  • October 29, 2019
  • Mekhriban Mamedova

When the Patent Law Treaty comes into force for Canada on October 30, 2019, it will be the second time this year and the third time within the last two years that Canada has made an official statement to the international community that it is serious about “going global” and joining yet another major international WIPO treaty.

International Law, Student Forum

Ontario and Québec Governments to Regulate Movement of Soil

  • October 28, 2019
  • John Tidball and Claire Durocher

In the past, relocation of large quantities of soil excavated in construction projects was sporadically regulated by provincial governments. In 2019, both Ontario and Québec governments are proceeding with new regulatory schemes that will impose legal requirements on the movement and disposition of excavated soil. This article reviews the requirements imposed by the new regulatory schemes and their impact in both jurisdictions.

Environmental Law, Student Forum

Worth a Second Look: Indigenous Implications of Bills C-69 and C-68

  • October 28, 2019
  • Stephanie Axmann, counsel, McCarthy Tetrault, Bryn E. Gray, partner, McCarthy Tetrault

On August 28, 2019, Canada’s new federal environmental legislation under Bill C-69 and Bill C-68 came into force. These new statutes and legislative amendments introduce enhanced Indigenous consultation requirements for mining, pipeline, and other projects that require federal impact assessments and certain federal regulatory approvals and permits.

Aboriginal Law, Student Forum

School Board Collective Bargaining in the Shadow of Bill 124

  • October 28, 2019
  • Melanie McNaught, Filion Wakely Thorup Angeletti LLP

Before the ongoing round of collective bargaining between the Crown and bargaining agents for school boards and education workers, the Ontario government introduced legislation that would cap the compensation of public sector employees, including education workers.

Education Law, Student Forum

Penalty Creep: What is Going On With Environmental Fines Across Canada?

  • October 25, 2019
  • Aaron Atcheson, Bryan Smits, Danielle Parry and Julia Zanetti

In July 2019, a fine of $2.7M was levied against Kirby Offshore Marine Operating LLC for violations of the Fisheries Act. The news raises a broader question: are fines for environmental offenses rising faster than inflation? If so, to what end? Is there any indication that these larger fines are changing behaviour? This review looks at the legislative changes in the minimum and maximum environmental fines, and whether these changes are actually having any real effects on the quantum of fines.

Environmental Law, Student Forum