Environment in the Courtroom (III): Sentencing and Environmental Offences

Transcription

1 Environment in the Courtroom (III): Sentencing and Environmental Offences Paul Adams February 21 & 22, 2014 Room 104, Weldon Law Building, Schulich School of Law Dalhousie University, Halifax, Nova Scotia SPEAKERS Paul Adams is Senior Counsel with PPSC Atlantic Region. His duties include conducting regulatory prosecutions and appeals at all court levels throughout the Atlantic Region. He has also appeared as counsel before the Supreme Court of Canada on several occasions. Prior to joining the PPSC, Mr. Adams was a Crown Attorney with the Special Prosecutions Unit, Dept. of Justice in NL. Dr. Peter Boxall Peter is a Professor of Environmental and Resource Economics of the Department of Resource Economics and Environmental Sociology. He has been in the Faculty since his appointment as Associate Professor in He holds degrees in Biology from Queen s University (BSc Hons) and the University of Calgary (MSc), and then saw the light and got an MSc and PhD from the University of Alberta in environmental and resource economics. His research program involves developing and improving methods to value changes in environmental quality, as well as utilizing these methods in high quality empirical research efforts including: aboriginal land use issues and the preservation of cultural artifacts, recreation values at risk of loss from wildfire, the demand for non-timber forest products, economic indicators of sustainable forest management, economic assessments of industrial development on residential property values and remote tourism prices. His research currently involves agri-environmental issues, such as BMP adoption for environmental improvements and the economics of wetland drainage and restoration. He is also studying the efficacy of market based instruments such as procurement auctions and offset programs for water quality improvements. He has recently led a national research network (LEARN Linking Environmental and Agriculture Research Network) focused on agriculture and environmental issues. Cindy Chiasson Cindy Chiasson studied political science and law at the University of Alberta, graduating with an LL.B. in Her law practice has focused on environmental law and policy for nearly 25 years, with work in the private, government and non-profit sectors. Cindy has spent the past 16 years with the Environmental Law Centre. Cindy has extensive experience in environmental regulation and legislative development. She worked with the Alberta government in the development of the Environmental Protection and Enhancement Act and related regulations and codes of practice. Cindy is the author of three books, as well as numerous articles, briefs and reports, and a frequent presenter on environmental law and policy topics. Cindy has served on several government policy committees and non-profit boards, including the Alberta Environmentally Sustainable Agriculture Council; NRCB Policy Advisory Group; Contaminated Sites Stakeholder Advisory Committee; Clean Air Strategic Alliance; Edmonton Chamber of Voluntary Organizations; and Edmonton and Area Land Trust. She currently co-chairs the Alberta Ecotrust Foundation. In 2012, she received the Queen Elizabeth II Diamond Jubilee Medal for her work and volunteer contributions to Alberta. Speakers 1

2 John D. Cliffe, Q.C. John Cliffe has practiced law continuously since 1977, initially in private practice, in public practice as Crown Counsel employed by the Public Prosecution Service of Canada (PPSC) and now as a founding partner of Cliffe Tobias. Though Vancouver has always been his home and his Bachelor degrees in Commerce (BComm) and Law (LLB/JD) are from the University of British Columbia, John s experience as a criminal lawyer has taken him across Canada, the United States and Mexico. He is called to the Bars of British Columbia, Yukon, and the Northwest Territories, and actively practices in these jurisdictions. He has also practiced in Nunavut. John has handled numerous cases of varying degrees of complexity and profile under the Controlled Drugs and Substances Act and the Criminal Code. He also has a particular interest and expertise in regulatory prosecutions covering matters such as environmental protection, natural resources, occupational health and safety, consumer protection and transportation safety. John has dealt with many cases under Federal, Provincial and Territorial regulatory legislation. In addition to the cases he has handled, John has provided legal advice and training to Federal, Provincial, and Territorial regulatory officials, technicians and scientists. He has also been a regular instructor at the PPSC School for Prosecutors teaching regulatory law and practice, and expert evidence. John is a facilitator for the Continuing Legal Education Society of British Columbia (CLE). As well as his participation on panels dealing with criminal law and regulatory prosecutions, he is a senior instructor in the popular and well-attended annual CLE Winning Advocacy Skills Workshop. He has been a guest lecturer in the field of environmental law at the University of British Columbia, University of Victoria, and Vancouver Island University. John has also addressed this field at conferences and seminars presented by the Canadian Institute, Insight, Bar associations, amongst others. Working with the Honourable Michel Bourassa under the name witnessprep.ca, John provides instruction and training to potential witnesses, including those who will be giving expert testimony. Since returning to the private sector, John s practice has expanded to include criminal and regulatory defence work and administrative law. He was appointed Queen s Counsel by the Attorney General of British Columbia in Peter Craig Peter Craig has been a front line prosecutor with the Nova Scotia Public Prosecution Service since Since 2006, Peter has worked in the Service s Special Prosecutions Section in Halifax, as the PPS first designated regulatory offence specialist. Judge Patrick Curran Judge of the Provincial Court of Nova Scotia for 32 years and of the Family Court of Nova Scotia for 10 years. Chief Judge of the Provincial Court, January 2003 February 2013, and of the Family Court, September 2010 February Graduated from Saint Mary s University (BA, 1965 and BEd, 1966) and Dalhousie University (LLB, 1970). Practiced law in Truro, Halifax (Legal Aid) and Bedford, NS, with emphasis on criminal defence work. Former president of the Canadian Association of Provincial Court Judges. Former member of the Board of Governors of the National Judicial Institute. Former editor and co-editor of the Canadian Provincial Judges Journal. Speaker and panelist at numerous legal and judicial education programs. Sean Foreman Sean graduated in 1995 from the University of Waterloo with a Bachelor of Environmental Studies (B.E.S.) and from Dalhousie Schulich School of Law in 1998 with his LLB and a Certificate of Specialization in Environmental Law. Sean is a Partner and Chair of the Environment, Energy & Resources practice group at Wickwire Holm in Halifax, Nova Scotia, with a focus on business & environmental law issues. Sean is a Past-Chair of the CBA National Environmental Energy & Resources Law Section and the Nova Scotia section. He is the Past-Treasurer of the Clean Nova Scotia Foundation and Past-Chair of the Environment Committee of the Canadian Manufacturers & Exporters (CME) Nova Scotia. He lectures in the area of environmental law at various conferences and co-authors articles for the Environmental Policy & Law (EPAL) newsletter. Since 2000, he has lectured as a Part-Time Faculty 2 Speakers

3 member at Dalhousie Schulich School of Law, for the past seven years teaching Business & Environmental Law. Allan Ingelson Professor Ingelson is the Executive Director of the Canadian Institute of Resources Law and an Associate Professor in the Faculty of Law and Haskayne School of Business at the University of Calgary. He holds LL.M., J.D. and B.Sc. degrees. He was admitted to the Law Society of Alberta in 1991, and is a member of the Canadian Bar Association, the Academy of Legal Studies in Business, the Canadian Association of Law Teachers, the Association of International Petroleum Negotiators (AIPN) and the International Association for Impact Assessment (IAIA). Professor Ingelson has published numerous articles in a variety of energy and environmental law journals. He lectures in the Haskayne/University of Alberta Executive MBA program and has provided courses to energy executives in Houston, Texas, Lima, Peru, and Delhi, India through the Global Energy Executive MBA program, University of Calgary. Sharon Mascher Sharon Mascher is a Professor of Law at the University of Calgary. Her degrees are: B.Ed. from McGill University, and LL.B. and LL.M. both from the University of Calgary. Sharon is a member of the Law Society of British Columbia. Prior to joining the University of Calgary's Faculty of Law, Sharon was a Professor and Associate Dean at the Faculty of Law, Thompson Rivers University (2011/2012) and an Associate Professor at the Faculty of Law, University of Western Australia and the Deputy Director (Environment and Climate Change) of the Centre for Mining, Energy and Resources Law. While at the University of Western Australia, Sharon also served a term as the Associate Dean. She has also held academic positions in the Faculties of Law at Victoria University of Wellington (New Zealand) and the University of Saskatchewan. In October 2013, Sharon accepted a three-year appointment as an Honorary Fellow with the Faculty of Law at the University of Western Australia. Sharon has published and lectured on a wide variety of legal issues in environmental law, international environmental law, climate law, natural resources law, mining and energy law, oil and gas law, property law and laws affecting Indigenous peoples. Her recent publications include: a co-edited book entitled Property and Sustainability: Selected Essays (Sydney: Thomson Reuters, 2011) and a journal article on the characterization of the property rights associated with Australian water entitlements in the Property Law Review. Her current research is focused on the design of domestic climate change legislation and climate change liability. While in Australia, Sharon was a member of the Management Committee of the Environmental Defender s Office (Western Australia), a not-for-profit community legal clinic dedicated to protecting the environment. She also served as a principal policy officer for the Greenhouse Unit in Western Australian Department of Environment and Conservation, a legal consultant to the Western Australian Department of Water and a member of the Western Australian Water and Rivers Commission Legislative Compliance Advisory Group. Rebecca Moore Rebecca Moore is a policy analyst with the Legislative Governance Division of Environment Canada, where she works on the implementation of the Environmental Enforcement Act. She obtained her B.Sc. (chemistry) from McGill University and her M.Sc. (chemical oceanography) and LL.B. (with a specialization in environmental law) from Dalhousie University and Dalhousie Law School (now Schulich School of Law) respectively. She articled at Ecojustice and has practiced in the areas of environmental and aboriginal law. She is a member of the Law Society of Upper Canada. Martin Olszynski Martin is an Assistant Professor with the Faculty of Law, University of Calgary. He joined the Faculty on July 1, 2013, following several years of public service experience in environmental and natural resources law and policy. From 2007 to 2013, he was counsel with the federal Department of Justice, practising law Speakers 3

4 in the legal services unit at Fisheries and Oceans Canada. During this period, he also spent time on secondment to the Legislative and Regulatory Affairs Division at Environment Canada (2009). Martin holds a B.Sc. (Biology) and an LL.B., both from the University of Saskatchewan, and an LL.M. (specialization in environmental law) from the University of California at Berkeley. Following law school, Martin clerked for the Hon. Justice Denis Pelletier of the Federal Court of Appeal (2006). Prior to joining the University of Calgary, he was a part-time professor with the University of Ottawa, Faculty of Law, where he taught environmental law (2011 and 2012). Jean Piette Jean Piette is a senior partner with Norton Rose Fulbright Canada. He has substantial experience in both environmental law and the development of environmental policy. He has been practising environmental law since 1972, and was the first lawyer in Quebec to develop a practice devoted entirely to environmental law. He is currently the Chair of the firm s environmental law team. He provides legal counsel and strategic advice on matters of Quebec, federal and international environmental law. He advises clients on environmental permit applications, environmental audits, environmental due diligence for business transactions and environmental compliance strategies, and represents them in negotiations with environmental authorities, in environmental litigation before administrative and judicial tribunals and in private transactions involving environmental problems. He also provides assistance to clients in the areas of mining law and land use planning law. As a registered consultant in environmental law to the World Bank, he participated in June 1999 in the drafting of pesticide control legislation for Uzbekistan. Before joining the firm, Mr. Piette worked successively for Quebec s Environmental Protection Services and the provincial departments of Justice and Environment. Mr. Piette has been awarded the Lawyer Emeritus distinction by the Barreau du Québec. In 2011, he was listed as the best environmental lawyer in Quebec in the Best Lawyers directory. In the 2013 Who s Who Legal, he was referred to as the dean of Canada s environmental lawyers. Dianne Saxe Dianne Saxe holds a Ph.D. in Law from the Osgoode Hall Law School. She is one of the first certified specialists in environmental law by the Law Society of Upper Canada. She was Toronto s first Environmental Lawyer of the Year, according to Best Lawyers, and one of the world s top 25 environmental lawyers, according to Best of the Best, Other awards include: Osgoode Hall Alumni Gold Key for Achievement; Ontario Bar Association Distinguished Service Award; Chambers Global for Environment; the International Who s Who of Environmental Lawyers 2013; and was appointed to the Ontario Government Expert Advisory Panel on Brownfields. Dianne heads an experienced, effective and practical environmental law boutique that offers civil, criminal and administrative environmental representation and advice. Core practice areas include brownfields, due diligence, compliance, enforcement, approvals, green energy and climate change. She is regularly consulted by governments, business, individuals and environmental groups and relied upon by corporate counsel and general practitioners. She is widely published and respected. Dianne is the author of Ontario s standard environmental law reference, Ontario Environmental Protection Act Annotated, plus award-winning columns in Hazardous Materials Management and Municipal World, an influential blog at envirolaw.com, and numerous articles, chapters and texts. 4 Speakers

5 Judge Barry D. Stuart Judge Barry D. Stuart, Retired. Barry has decades of experience in building collaborative partnerships to deal with public and private matters. He has worked in North America and internationally to develop collaborative community processes and on a wide range of complex public issues. He spent 4 years in Papua New Guinea building the constitution, establishing provincial government, and addressing the challenges to secure independence and govern through the first years of a new Nation. As Chief Negotiator, he negotiated the Yukon Umbrella Land Claims Agreement. He has written extensively on processes to deal with conflict and complex issues.he co-authored Peacemaking Circles: From Crime to Community and Building Consensus for a Sustainable Future: Putting Principles into Practice. He has received national and international awards for his work. His life-long interest in turning conflict into constructive opportunities distracts his attention from the promises of retirement to write, teach and work on issues related to collaborative processes, public and private conflicts and First Nation Self Governance with the CSE group. Speakers 5