Annual Report 2011/2012

  • June 28, 2012

Submitted by Alyssa Bradley and Bob Lesperance, Co-Chairs

Summary of Activities

Number of Meetings Held: 7

August 18, 2011 
Executive Planning Meeting: to plan the sections activities for 2011-2012

December 6, 2011 
A Carbon Neutral Public Sector: BC's Legislative Framework and the Future: Environmental Law Section, Municipal Law Section and Public Sector Lawyers Section Joint Meeting.
Guest Speakers: Chris Rolfe, Legal Counsel, Resource, Environmental and Land Group, BC Ministry of Attorney GeneralColleen Sparks, Director of Carbon Neutral Operations and Climate Outreach, Climate Action Secretariat, BC Ministry of Environment
The current legislative framework that has been established in BC regarding carbon neutral governments was discussed. Mr. Rolfe spoke about the scope and applicability of the legislative regimes and their requirements. Ms. Sparks spoke about the policy aspects of the legislative framework including desired outcomes, challenges and the future.

Februray 10, 2012
The Riparian Areas Regulation and Yanke v. Salmon Arm (City), 2011 BCCA 309: Environmental Law Section, Municipal Law Section and Public Sector Lawyers Section Joint Meeting
Guest Speakers: Nancy Brown, BC Ministry of the Attorney General
Bill Buholzer, Young Anderson
John Clark, Department of Fisheries and Oceans
The legislative scheme for managing development in riparian areas and the role of local governments, the provincial government and the federal government was discussed. Mr. Buholzer spoke about the legislative background for the Riparian Areas Regulation and discussed issues for local governments. Ms. Brown spoke about the Yanke v. Salmon Arm case and the issues that arise from the case for the province. Mr. Clark discussed the federal requirements for protecting fish and fish habitat and the Yanke case from the federal perspective.

Aprill 11, 2012 
Recent Issues in Contaminated Sites Case Law
Guest Speakers: Richard Bereti, Harper Grey LLP
Una Radoja, Harper Grey LLP
Recent issues that have arisen in contaminated sites case law were discussed. Mr. Bereti and Ms. Radoja discussed specific cases involving misrepresentation in the context of the sale of property, delineation in establishing reasonable costs of remediation, nuisance and strict liability (Inco) and recent Environmental Appeal Board and MOE activity.

April 24, 2012
Aquaculture: What Environmental and Aboriginal Lawyers Need to Know: Environmental Law Section and Aboriginal Law Section Joint Meeting
Guest Speakers: Krista Robertson, Janes Freedman Kyle Law Corporation
Greg McDade, Ratcliff & Company
This meeting discussed why and how aquaculture is important, what environmental and aboriginal lawyers need to know about this issue and what happened at the Cohen Commission. Mr. McDade spoke about his experience at the Cohen Commission and his thoughts on the future of aquaculture. Ms. Robertson spoke about the challenges and issues facing First Nations surrounding aquaculture.

May 31, 2012
The New Canadian Environmental Assessment Act and What it Means for the Enbridge Northern Gateway Pipeline Project: Environmental Law Section and Aboriginal Law Section Joint Meeting
Guest Speakers: Tony Crossman, Miller Thomson LLP
Jessica Clogg, Executive Director, West Coast Environmental Law
Rosanne Kyle, Janes Freedman Kyle Law Corporation
This meeting discussed recent amendments to the Canadian Environmental Assessment Act and what it means for the Enbridge pipeline. Mr. Crossman provided an overview of the recent amendments to CEAA. Ms. Clogg discussed the potential environmental impacts of these changes, in general and in the context of the Enbridge pipeline. Ms. Kyle provided an update on the Enbridge hearings and discussed First Nations' involvement.

June 27, 2012
Election of Environmental Law Section Executive 2012-2013