JELP6: “We’ll Always Have Paris” Conference Agenda

We are pleased to (finally) post the conference agenda for the JELP’s 6th biennial conference, “We’ll always have Paris: Climate Change Law & Policy following the Paris Agreement,” which is being held at Dalhousie University in Halifax, Nova Scotia on June 16th and 17th. General registration will open on May 3th, 2017 and will operate on a first-in-time, first-in-right basis. As in previous years, we are striving to give the conference a workshop-feel and have therefore deliberately limited participation to roughly 40 participants. We will provide additional details here shortly before the 3rd.

CONFERENCE PROGRAM

DAY 1: Friday, June 16, 2017

 CONFERENCE WELCOME: 9:00 am – 9:20 am

 PANEL I: INTRODUCTION TO THE PARIS AGREEMENT (9:20 am – 10:40 am)

Panel Chair: TBA

  1. “The Bottom Up Alternative: Non-Governmental Approaches to Implement the Paris Agreement” – Maria Banda (University of Toronto, Faculty of Law)
  2. “Walking the Paris Financial Talk: Climate Financial Obligations of Canada & Other Developed Countries Post 2020” – Patricia Galvao Ferreira (Postdoctoral Fellow, Centre for International Governance Innovation)
  3. “Paris, We Hardly Knew Ye, The Start and End of Paris and Hopefully the UNFCCC” – Bruce Pardy (Queen’s University, Faculty of Law)

REFRESHMENT BREAK: 10:40 am – 11:00 am

PANEL II: ENERGY DEVELOPMENT AND CLIMATE CHANGE (11:00 am – 12:20 pm)

Panel Chair: TBA

  1. “On Thin Ice: Meeting Canada’s Paris Climate Agreement Commitments” – Andrew Green (University of Toronto, Faculty of Law)
  2. “Paris versus Pipelines: Canada’s Climate Change Policy Puzzle” – Jason MacLean (Lakehead University, Faculty of Law)
  3. “Environmental Assessment, Climate Change and Progress towards Sustainability” – Bob Gibson (University of Waterloo Dep’t of Environment and Resource Studies) & Karine Péloffy (Centre for International Sustainable Development Law)

LUNCH (12:20 pm – 1:30 pm)

PANEL III: CLIMATE LIABILITY, LITIGATION AND LEGISLATION PART I (1:30 pm – 2:50 pm)

Panel Chair: TBA

  1. “Coming of Age: The Charter’s Equality Guarantee and Climate Justice for Youth and Future Generations” – Nathalie Chalifour (University of Ottawa, Faculty of Law)
  2. “Climate Litigation against the Fossil Fuel Industry – Canadian Legal Options” – Andrew Gage (West Coast Environmental Law)
  3. “Climate-Proofing Judicial Review of Environmental Assessment” – Chris Tollefson (University of Victoria, Faculty of Law) and Jason McLean (Lakehead University, Faculty of Law)

Refreshment Break 2:50 pm – 3:20 pm

PANEL IV: CLIMATE LIABILITY, LITIGATION AND LEGISLATION PART II (3:20 pm – 4:40 pm)

Panel Chair: TBA

  1. “Can Canada’s ‘Living Tree’ Constitution and Lessons from Foreign Climate Litigation see Climate Justice and Remedy Climate Change” – Dustin W. Klaudt (LLM Candidate, Osgoode Hall Law School)
  2. “A Preview and Preliminary Assessment of the International Bar Association’s Model Climate Change Remedies Law” – David Estrin (Adjunct Professor, Osgoode Hall Law School) and Stepan Wood (Osgoode Hall Law School)
  3. “From Smokes to Smokestacks: Lessons from Tobacco for the Future of Climate Change Liability” – Martin Olszynski (University of Calgary, Faculty of Law), Sharon Mascher (University of Calgary, Faculty of Law), Meinhard Doelle (Dalhousie University, Schulich Law School)

 Saturday June 17, 2017

PANEL V: CLIMATE CHANGE AND OTHER SECTORS (9:00 am – 10:20 am)

Panel Chair: TBA

  1. “The Effectiveness of Current Strategies for Climate Mitigation, Adaptation and Loss and Damage in Canadian Water Law” – Deborah Curran (University of Victoria, Faculty of Law and School of Environmental Studies)
  2. “Mitigation and Adaptation in Canadian Agriculture” – Jamie Benidickson (University of Ottawa, Faculty of Law)
  3. “Climate Change, Corporate Social Responsibility and the Extractive Industries” – Sara Seck (Western University, Faculty of Law [joining Dalhousie University, Schulich School of Law July 2017])

Refreshment Break 10:20 am – 10:50 am

PANEL VI: REGIONAL PERSPECTIVES (10:50 am – 11:20 am)

Panel Chair: TBA

  1. “A Communiqué from the Front Line of our Changing Climate: Implementation of the Paris Agreement as it relates to Biodiversity, Ocean Protection, and Living Marine Resource Management in the Arctic” –Cameron Jefferies (University of Alberta, Faculty of Law)
  2. “How Important is Climate Change When It Comes to Authorize Development Projects? A Preliminary Assessment of the “Climate Test” in Quebec’s New Environmental Authorization Scheme” – Géraud de Lassus St-Geniès (Laval University, Law Faculty)
  3. “Nova Scotia’s Cap & Trade System” – Meinhard Doelle (Dalhousie University, Schulich Law School)

Light Lunch 11:20 am – 11:50 am

PANEL VII: ALTERNATIVE APPROACHES AND PERSPECTIVES (11:50 am – 1:10 pm)

Panel Chair: TBA

  1. “Regulating Consumption” – Melissa Gorrie (EcoJustice and LLM Candidate, University of Calgary, Faculty of Law)
  2. “Big Data: Climate Tool or Privacy Problem?” – Jason Unger and Astrid Kalkbrenner (Environmental Law Centre, Edmonton)
  3. “Municipal By-laws and Education” – David Estrin (Adjunct Professor, Osgoode Hall Law School) and Stepan Wood (Osgoode Hall Law School)

Closing Thoughts 1:10 pm – 1:20 pm

“WE’LL ALWAYS HAVE PARIS”: ANNOUNCING JELP’S 6TH BIENNIAL CONFERENCE & CALL FOR PAPERS

We’ll always have Paris: Climate Change Law & Policy following the Paris Agreement

It has now been a year since the Paris Climate Agreement was successfully negotiated by 196 UN member states. Much has happened since. The Paris Agreement, initially intended to come into force in time for full implementation in 2020, has come into force in record time.  Canada has ratified the treaty and has recently announced a pan-Canadian plan to meet its 2030 Nationally Determined Commitments (NDCs).  Most, but not all, provinces are on board. At the same time, significant fossil-fuel based infrastructure continues to be proposed and approved, including in Canada. In addition, the United States has just elected a president that has threatened to withdraw from the Paris Agreement and seems intent on reversing many of the outgoing administration’s climate mitigation initiatives and policies.

What will be the effect of the Paris Agreement on global action on climate mitigation, adaptation and loss and damage?  What will be its effect on Canada?  What effect will the change in the US administration have on Canadian climate policy?  How effective are current strategies for climate mitigation, adaptation and loss and damage in Canada?  What policies are needed to ensure Canada does it fair share toward the long-term goals set out in the Paris Agreement?

The Journal of Environmental Law and Practice’s (JELP) 6th biennial conference will explore these important questions. We therefore invite Canadian environmental law scholars and practitioners to submit paper proposals to us by February 9, 2017. We are particularly interested in papers that fall into one of the following three categories (or a combination thereof):

  1. Papers analyzing and/or assessing federal and provincial climate mitigation efforts currently in place and planned, including the gap between Canada’s NDC and Canada’s more general commitment to support the long term goals of the Paris Agreement (both doctrinal and empirical approaches are encouraged);
  2. Papers exploring implications of the Paris Climate Agreement for connected areas such as human rights, environmental justice, biodiversity, affordable and sustainable energy;
  3. Papers that explore alternatives to government led initiatives to meeting the goals set in the Paris Agreement, including common law actions, and constitutional challenges;

Paper proposals should be emailed to jelp@usask.ca, should include a brief outline of the proposal (1/2 – 1 page) and should be accompanied by an author biography. Some limited funding will be available to assist presenters with travel costs and accommodations. Date and place have been set for the weekend of June 16th, 2017 at the Schulich School of Law, Dalhousie University, Halifax, NS. General registration will be offered once presenters and the program have been confirmed. As in previous years, participation in the JELP conference will be limited to approximately 35 – 40 persons.

We look forward to a successful conference in the summer of 2017,

Sharon Mascher, Meinhard Doelle and Martin Olszynski

 

Welcome to the blog of the Journal of Environmental Law and Practice

Welcome to the blog of the Journal of Environmental Law and Practice (JELP). Published by Carswell, a Thomson Reuters business, and currently edited by Professors Meinhard Doelle (Dalhousie University, Schulich School of Law), Sharon Mascher and Martin Olszynski (University of Calgary Faculty of Law), the JELP is Canada’s premier refereed legal periodical in Canadian environmental law and policy, with more than 20 years of publishing experience.

Here you will find information about the JELP, submission guidelines, contact information, as well as information about previous and upcoming conferences. In the coming months, we will provide information on forthcoming articles, as well as updates and commentary on current issues in environmental law and practice in Canada.

Update on JELP 5: “Après…le Déluge”

The deadline for conference proposals has now passed. The response to this year’s call has been excellent, with an unprecedented number of high-quality proposals. We will now begin the difficult work of selecting proposals and finalizing the program. We hope to have this work completed by the end of February, at which time we will contact all submitters. We will also post the program and open the conference to general registration at that time.

We can also now confirm conference location and dates. The first day of the conference will be Friday, June 5th, and will take place at the University of Calgary Faculty of Law. At the end of Day 1, participants will be transported to the Barrier Lake Field Station in Kananaskis Country for supper and an evening social. Day 2 of the conference (Saturday, June 6th) will take place at the Field Station. The program, information on general registration, and all future updates with respect to the conference will be posted under the “Conferences” tab of the JELP blog.

We look forward to a rigorous and thought-provoking discussion about the future of Canadian environmental law and policy “après…le déluge.”

Sharon Mascher, Meinhard Doelle and Martin Olszynski

 

The JELP’s 5th Biennial Conference — Call for Papers

‘Après…le Déluge’: Future Directions for Environmental Law and Policy in Canada

It has been nearly three years since the passage of the infamous federal omnibus budget bills (C-38 and C-45), which amongst other things brought about hasty but also fundamental changes to Canada’s environmental law regime. The-then Canadian Environmental Assessment Act, 1992 was repealed and replaced by the Canadian Environmental Assessment Act, 2012, decision-making under which has been recently described as lacking in clarity and transparency; the habitat protection and pollution prevention provisions of the Fisheries Act saw both a widening and reduction in their scope through the addition of confusing terms and definitions, leaving most commentators unsure about those changes’ ultimate impact, while the Navigable Waters Protection Act was transformed into the Navigation Protection Act, in the process resurrecting the role of the common law in protecting the right of navigation in the vast majority of Canadian rivers and lakes. These legislative changes were accompanied by budget cuts to line departments such as Fisheries and Oceans Canada and Environment Canada, the muzzling of Canadian scientists and prolonged – if not indefinite – delays in regulating greenhouse gases.

What has been the effect of these laws and policies? How might other levels of government respond to fill the resulting gaps? What might a reinvigorated federal environmental regime look like? The Journal of Environmental Law and Practice’s (JELP) 5th biennial conference will explore these important questions. We therefore invite Canadian environmental law scholars and practitioners to submit paper proposals to us by February 9, 2015. We are particularly interested in papers that fall into one of the following three categories (or a combination thereof):

  1. Papers analyzing and/or assessing the effect of the changes to federal environmental law and policy over the past five years (both doctrinal and empirical approaches are encouraged);
  2. Papers exploring potential responses to the federal retreat in the environmental arena, including:
    • provincial, territorial, municipal and/or Aboriginal responses;
    • common law and/or international law responses;
  3. Papers that explore new approaches to federal environmental issues, such as environmental assessment, fisheries, climate change, toxic substances, species at risk, etc…

Paper proposals should be emailed to jelp@usask.ca, should include a brief outline of the proposal (1/2 – 1 page) and should be accompanied by an author biography. Funding will be available to assist presenters with travel costs and accommodations. Date and place have been tentatively set for early June (2015) at the University of Calgary’s Barrier Lake Field Station in Kananaskis Country, Alberta. General registration will be offered once presenters and the program have been confirmed. As in previous years, participation in the JELP conference will be limited to approximately 30 – 35 persons.

We look forward to a successful conference in the summer of 2015,

Sharon Mascher, Meinhard Doelle and Martin Olszynski

Call for Submissions

Now that we have successfully completed the transition of the Journal of Environmental Law & Practice (JELP) to its new editorial team, we are writing to remind the Canadian environmental law and policy community to consider JELP for your environmental law publications.

There appears to be no shortage of environmental issues deserving further analysis and discussion, from the Lac Megantic disaster and the Northern Gateway project to the recent Mount Polley tailings breach, as well as significant developments in related areas of law, such as Aboriginal law (e.g. the recent Supreme Court decision in Wiliams v. British Columbia).

The next submission deadline for JELP is late August, but we welcome submissions anytime, as we publish three issues a year and our publication process is relatively quick. We welcome all submissions, but contributions from established academics are critical to the continuing success of the journal.

We are very honoured to serve as the editorial team for what is still Canada’s only faculty run environmental law journal.  We believe JELP is a critical communication and research dissemination tool for the environmental law community in Canada. In a world where it is easy to drown in information, it is wonderful to be able to turn to one journal for leading research and ideas in this critical area of law.

To this end, we have developed a website for JELP (www.jelp.ca), which we hope will serve as a place for all of us to share the latest thinking in Canadian environmental law.

For any comments or questions related to JELP, please do not hesitate to contact us at jelp@usask.ca.

 

Sharon, Meinhard and Martin

The Journal of Environmental Law & Practice (JELP) has joined the Blogosphere!

Welcome to the new blog of the Journal of Environmental Law and Practice (JELP). Published by Carswell, a Thomson Reuters business, and currently edited by Professors Meinhard Doelle (Dalhousie University, Schulich School of Law), Sharon Mascher and Martin Olszynski (University of Calgary Faculty of Law), the JELP is Canada’s premier refereed legal periodical in Canadian environmental law and policy, with more than 20 years of publishing experience.

Here you will find information about the JELP, submission guidelines, contact information, as well as information about previous and upcoming conferences. In the coming months, we will provide information on forthcoming articles, as well as updates and commentary on current issues in environmental law and practice in Canada. We look forward to working with Canada’s environmental law community as we embark on this new and exciting phase for the JELP.