CBA NEERLS & Department of Justice Meeting (Online)

Join members of the CBA Environment, Energy and Resources Law Section and their Justice counterparts as they engage in dialogue surrounding current environment, energy and resources topics.

All sessions will be presented live and in English only. On-demand recordings will not be provided.

Thursday, December 9, 2021 | 11:00 pm to 4:00 pm Eastern
Zoom Meeting

11:00 am – 1:00 pm ET
Enforcement of Federal Environmental Laws
This panel will be dedicated to issues related to the enforcement of federal environmental law, including the considerations associated with multijurisdictional prosecutions, trends in prosecution, recent decisions relating to the review of notice of violations issued under the Environmental Violations Administrative Monetary Penalties Act, the future of environmental prosecutions in light of the administrative monetary penalties and integrity regimes and the recent R v Teck Coal Limited, 2021 BCPC 118 case, a prosecution case under the Fisheries Act.

Speakers:
Jennifer Fairfax, Partner, Osler, Hoskin & Harcourt LLP (Presenting: Recent Trends in Federal Environmental Enforcement – Where have we been and where could we be heading?)
Yves Corriveau, Legal Counsel Environment & Climate Change Canada Legal Services, Department of Justice (Presenting: The Environmental Protection Tribunal of Canada and the Administrative Monetary Penalty Scheme)
Barry Weintraub, Founding Partner, Weintraub Erskine Huang LLP (Presenting: Paved with Good Intentions: Making Sense of the Integrity Regime, Environmental Prosecutions, Deferred Prosecution Agreements and Administrative Monetary Penalties)
Alexander Clarkson, Senior Counsel, British Columbia Regional Office, Public Prosecution Service of Canada (Presenting: Case summary of R v Teck Coal Limited, 2021 BCPC 118)

Moderator: John Pratt, Senior Counsel, Natural Resources Canada Legal Services, Department of Justice

1:00 pm – 2:00 pm ET
Break

2:00 pm – 4:00 pm ET
Hot Topics Panel
In a rapid-fire review, the speakers will present key legal environmental issues from various jurisdictions, namely an update on recent environmental law developments in the United Sates, the Environment Chapter in the Canada-United States-Mexico Agreement and how the Magpie River was granted legal personhood.

Speakers:
Michelle Diffenderfer, President/Shareholder, Lewis, Longman & Walker and Chair, ABA Section of Environment, Energy & Resources (Presenting: Update on priorities under the Biden administration and recent environmental law developments in the U.S.)
Kevin Gray, Legal Counsel, Trade Law Bureau, Department of Justice (Presenting: Fortifying stronger linkages between international trade and the environment – The CUSMA Environment Chapter)
Stéphanie Roy, Professor, Université de Sherbrooke (Presenting: The Magpie River and the Legal Personhood of Nature)

Moderator: Selina Lee-Andersen, Chair, CBA Environment, Energy and Resources Law Section, and Partner, McCarthy Tetrault LLP