‘Après…le Déluge’: Future Directions for Environmental Law and Policy in Canada
Calgary, AB, June 5 – 7, 2015
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 The-then Canadian Environmental Assessment Act, 1992 was repealed and replaced by the Canadian Environmental Assessment Act, 2012, decision-making under which has been recently described as lacking in clarity and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 explored these important questions.
Below you will find the conference program (including links to presentations), followed by speakers’ biographies. We’ve also just received a summary of the presentations and discussion from one of our participants, which can be accessed here. Links to papers will be provided following peer-review and subsequent revisions (late September, 2015). If you have any questions or concerns, please don’t hesitate to contact us.
Sharon Mascher, Meinhard Doelle and Martin Olszynski
DAY 1: Friday, June 5, 2015
LOCATION: University of Calgary Faculty of Law, Calgary, Alberta
CONFERENCE WELCOME: 12:00 pm – 12:10 pm
PANEL I: ASSESSING THE AMENDED FISHERIES ACT (12:10 pm – 1:30 pm)
Panel Chair: Prof. (Emeritus) Arlene Kwasniak
- Lamenting what we HADD? – Jason Unger (Staff Counsel, Environmental Law Centre) (Presentation)
- Compensating for “Serious Harm”: Section 35 of the amended Fisheries Act – Dave Poulton (Principal, Poulton Environmental Strategies) (Presentation)
- An Abdication of Responsibility: An Assessment of Canada’s Habitat/Fisheries Protection Laws – Prof. Martin Olszynski (University of Calgary Faculty of Law) (Presentation)
PANEL II: ASSESSING THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT, 2012 (1:30 pm – 2:50 pm)
Panel Chair: Prof. Meinhard Doelle
- The Fading Role of Alternatives in Federal Environmental Assessment – Rod Northey (Partner, Gowlings) (Presentation)
- An Empirical Study into Public Participation under CEAA 2012 – Prof. Shaun Fluker and Nitin Kumar Srivastava (LLM candidate) (University of Calgary Faculty of Law) (Presentation)
- Pipelines and the Changing Face of Public Participation – Kirsten Mikadze (Sole Practitioner and Research Associate, Centre for International Sustainable Development Law) (Presentation)
REFRESHMENT BREAK: 2:50 pm – 3:20 pm
PANEL III: THEORETICAL PERSPECTIVES (3:20 pm – 4:50 pm)
Panel Chair: Prof. Martin Olszynski
- “An Enormous Systemic Problem”: Delegation, Responsibility and Federal Environmental Law – Prof. Andrew Green (University of Toronto Faculty of Law)
- Regulatory Capture and the Democratic Deficit: Remaking Canadian Environmental Law through Responsible Government – Prof. Jason MacLean (Lakehead University, Faculty of Law)
- Righting the Ship: Or, Whether the Proposed Canadian Environmental Bill of Rights and other Sustainability Interventions can Correct Canada’s Course? – Cameron Jefferies (University of Alberta Faculty of Law) (Presentation)
DEPARTURE TO KANANASKIS FIELD STATION (TRANSPORTATION PROVIDED): 5 pm
SUPPER AND EVENING SOCIAL: 6:30 pm
DAY 2: Saturday June 6, 2015
BREAKFAST: 7:15 am – 8:15 am
PANEL IV: PROVINCIAL RESPONSES AND DEVELOPMENTS (8:30 am – 9:50 am)
Panel Chair: Prof. Jamie Benidickson
- Adaptations in Water Law: Local (Provincial, Municipal, Indigenous) Approaches – Deborah Curran (University of Victoria Faculty of Law)
- Fast-tracking Oil and Troubling the Waters: Marine Planning and Ocean Regulation on Canada’s Pacific – Linda Nowlan (Sole Practitioner, Vancouver, BC) (Presentation)
- Independent Provincial Environmental Oversight – David Wright (Acting Project Lead, Office of the Commissioner of the Environment and Sustainable Development) (in personal capacity)
PANEL V: ABORIGINAL RESPONSES AND DEVELOPMENTS (10:00 am – 11:20 am)
Panel Chair: Prof. Sharon Mascher
- The Role of Indigenous Environmental Laws in Canada – Jessica Clogg (Executive Director, West Coast Environmental Law) (Presentation)
- Re-claiming the Space for Indigenous Environmental Stewardship – Nicole Schabus (Thompson Rivers University Faculty of Law) (Presentation)
- The Significance of Courteroille – Prof. Janna Promislow (Thompson Rivers University Faculty of Law)
LUNCH AND FREE TIME: 11:30 pm – 1:00 pm
PANEL VI: FUTURE ENVIRONMENTAL REGIMES (1:00 pm – 2:20 pm)
Panel Chair: Prof. Meinhard Doelle
- Framework for Next Generation Environmental Assessment for Canada – Bob Gibson (University of Waterloo Dep’t of Environment and Resource Studies) (Presentation)
- Decision-Making, Governance and Sustainability – Mark Winfield (York University Faculty of Environmental Studies) (Presentation)
- Saving SARA: An Analysis of SARA’s Implementation and Options for Reform – Stewart Elgie (University of Ottawa Faculty of Law)
PANEL VII: PERSPECTIVES ON THE FUTURE OF ENVIRONMENTAL LAW I (2:30 pm – 3:50 pm)
Panel Chair: Prof. Shaun Fluker
- Environmental Justice and the Charter: What is the potential for sections 7 and 15 to advance environmental justice in Canada? — Prof. Nathalie Chalifour (University of Ottawa Faculty of Law) (Presentation)
- Non-Regression and the Charter Right to a Healthy Environment – Lynda Collins (University of Ottawa Faculty of Law)
- Environmental Justice – Kaitlyn Mitchell (Staff Counsel, Ecojustice) and Zachary D’Onofrio (JD Candidate, Osgoode Hall) (Presentation)
REFRESHMENT BREAK: 3:5O pm – 4:10 pm
PANEL IIX: PERSPECTIVES ON THE FUTURE OF ENVIRONMENTAL LAW II (4:10 pm – 5:30 pm)
Panel Chair: Prof. Martin Phillipson
- A Betrayal of Its Own Ideology: The Canadian Government’s Refusal to Label Genetically Modified Foods – Bruce Pardy (Queens University Faculty of Law) (Presentation)
- Gender and Climate Change in Canada and Québec: Some Feminist and Ecofeminist Thoughts – Prof. Annie Rochette (Université du Québec à Montréal, Département des sciences juridiques) (Presentation)
- Neglected Sovereignty: Filling Canada’s Climate Change Gap with Extra-Territorial Measure– Prof. Sharon Mascher (University of Calgary Faculty of Law) (Presentation)
SUPPER AND EVENING SOCIAL: 6 pm
(in order of appearance)
Jason Unger is staff counsel at the Environmental Law Centre with a focus on water law, fisheries law, species at risk law, and conservation tools on private lands. Prior to joining the Centre in 2005 he worked in private practice doing general litigation, regulatory and administrative law. Prior to practicing law he worked in biology, conducting fieldwork that examined roosting habits of bats in northern British Columbia and in Costa Rica. Jason currently sits as a Director of the Alberta Water Council, the Land Stewardship Centre of Canada, is the Chair of the Water Matters Society of Alberta and is a member at large on the City of Edmonton Environmental Advisory Committee.
Martin Olszynski joined the University of Calgary Faculty of Law in 2013. From 2007 to 2013, he was counsel with the federal Department of Justice, practicing law 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. 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.
David Poulton is the Principal of Poulton Environmental Strategies, a consultant to organizations, businesses, and governments with a special interest in fostering cross-sectoral collaborations. David holds a B.A. and M.A. in political science from the University of Calgary, an LL.B. from Dalhousie University, and an LL.M. (Natural Resources, Energy and Environment) from the University of Calgary. Dave is President of the Board of Directors of the Environmental Law Centre in Edmonton, Alberta, and member of the Advisory Group of the Business and Biodiversity Offset Programme (BBOP), based in Washington D.C. He has served on a number of advisory panels to both the federal and provincial governments. His research ongoing interests include market-based conservation, parks and protected areas and land-use planning.
Rod Northey is a partner in the Toronto office of Gowlings and a member of the firm’s Environmental Law Group. Rod is certified by the Law Society of Upper Canada as a specialist in environmental law and is recognized by his peers in national and international listings, including Who’s Who Legal: The International Who’s Who of Business Lawyers and Canada’s Best Lawyers. His practice focuses on environmental approvals, hearings and appeals. Rod is also an adjunct faculty member at Osgoode Hall Law School’s Municipal Law LLM program for its course on environmental protection. He holds a BA (Honours) from Queen’s, an MA (Philosophy) from York, an LLB from Dalhousie University and an LLM from Osgoode Hall.
Kirsten Mikadze is early career environmental lawyer and legal researcher. She holds a J.D. from Osgoode Hall Law School and an LL.M. from McGill University. She is currently affiliated with both the Centre for International Sustainable Development Law and the Columbia Center on Sustainable Investment. She was previously employed as both a contract lawyer and articling student with Ecojustice, a not-for-profit organization that engages in litigation aimed at protecting the environment. Her current research projects reflect her interest in the intersecting international and domestic dimensions of natural resource, environmental, and international economic law as well as in the role of public participation in environmental governance.
Shaun Fluker joined the University of Calgary Faculty of Law in 2007. Prior to joining the Faculty, he was in private practice and spent two years as counsel with the Alberta Securities Commission. Shaun is an active member of the Law Society of Alberta with experience providing legal services in the areas of corporate/commercial, securities, environmental, and administrative law, and having appeared as counsel before all levels of Alberta courts. Most recently, Shaun was a visiting scholar in residence at the University of Waikato in New Zealand between January and June 2014. During his stay, Shaun examined how New Zealand addresses public participation in resource project decision-making, the legal framework in New Zealand governing endangered species protection, and the mechanics of the New Zealand Carbon Emissions Trading System.
Nitin Kumar Srivastava completed his LL.M in Natural Resources, Energy and Environmental Law from the University of Calgary in 2015. During the program his research work included areas related to Alberta’s Wetlands Policy, regulation of tailing ponds and public participation in federal EAs under CEAA 2012. Prior to coming to Canada, he practiced law in India. Nitin has assisted the Additional Solicitor General and Senior Advocates before the Supreme Court of India on matters related to various aspects of law, including environmental law. He holds an LL.B degree from Delhi University and a BA in political science and geography from Bundelkhand University, India.
Andrew Green, B.A. Hons. (Queens), M.A. (Toronto), LL.B. (Toronto), LL.M. and J.S.D. (Chicago), is an Associate Professor at the University of Toronto. Prior to joining the Faculty, Prof. Green practiced environmental law in Toronto for six years at Davies Ward Phillips & Vineberg LLP, Osler, Hoskin & Harcourt LLP, and Hicks Morley Hamilton Stewart Storie. His practice encompassed both litigation (including prosecutions, administrative appeals and civil actions) and transactional work. From 2002 to 2004, Prof. Green was Senior Research Fellow for Ontario’s Panel on the Role of Government. His research and teaching interests focus on environmental law, international trade and administrative law including how international trade rules constrain countries ability to implement domestic environmental policy, instrument choice in environmental law (including instruments for fostering renewable energy) and the role of law (including administrative law) in fostering individuals environmental values.
Cameron Jeffries is an Assistant Professor and Borden Ladner Gervais Fellow at the Faculty of Law and the University of Alberta. He researches in the areas of environmental law, natural resource law, ocean law and animal law and he recently developed a new JD course in sustainability law. He is also interested in public interest law and advocacy and is the founder of Fin Free Edmonton, a chapter of United Conservationists, through which he is pursuing shark conservation in Edmonton and elsewhere. Prior to joining the Faculty of Law, he articled at Field LLP and worked as a Research Associate at the Health Law Institute. He holds degrees from the University of Alberta and the University of Virginia, where he studied as a Fulbright Scholar. His Doctoral dissertation assessed the possibility of a new approach towards international marine mammal conservation.
Jason MacLean joined the Faculty of Law at Lakehead University in July 2013. He holds a joint B.C.L./LL.B. from the McGill University Faculty of Law, following which he clerked for Justice Marie Deschamps at the Supreme Court of Canada. Prior to joinig the Faculty, Prof. MacLean practiced law as a litigator, first with the firm Shearman & Sterling LLP in New York and then with Osler, Hoskin & Harcourt LLP in Toronto. He has also served as a Legal Consultant to the Expert Panel on Securities Regulation and the Canadian Securities Transition Office (2008-2010). His research interests include environmental law, corporate law (particularly corporate social responsibility), civil procedure, constitutional law, and legal education. He is co-author of the second edition of a leading text on CSR, Corporate Social Responsibility: A Legal Analysis (2nd ed., LexisNexis, forthcoming in 2014), as well as a contributing editor of the Global Competition Litigation Review.
Deborah Curran is the Hakai Professor in Environmental Law and Sustainability at the University of Victoria Faculty of Law. She teaches courses on municipal law and real property transactions, as well as the Environmental Law Clinic – Intensive course. As a Program Director with the Environmental Law Centre at UVic, she supervises students working on environmental law projects for community organizations and First Nations. Her areas of research include water law, growth management and land use law, food systems and agricultural land, and the common ownership of property. As a municipal lawyer who focuses on sustainability issues, she is currently writing on green real estate, local governments and the evolution of water law in Canada. She holds a BA (Honours) from Trent University, an LLB from the University of Victoria, and an LLM from the University of California, at Berkeley.
Linda Nowlan is a public interest environmental lawyer and Staff Counsel with West Coast Environmental Law, where she was formerly the Executive Director. She has worked in many other positions, including as Director, Pacific Conservation with WWF-Canada, Faculty Research Associate with the UBC Program on Water Governance, and Environment Officer with the UK Foreign and Commonwealth Office. Linda has served on the Board of the Fraser Basin Council, the Mayor of Vancouver’s Greenest City Action Team, and the Council of Canadian Academies Expert Panel on Groundwater. She co-founded the BC Endangered Species Coalition and Smart Growth BC. Linda holds a BA from Stanford University, and graduate degrees in law and international law and diplomacy from the University of Toronto and Tufts University. She is a member of the IUCN Commission on Environmental Law and is a Fellow of LEAD International.
David Wright has been with the federal Office of the Commissioner of the Environment and Sustainable Development since 2011. Some of his recent projects have included examining aspects of the implementation of CEAA 2012, offshore oil and gas, climate change and pipelines. His previous work has included roles with UNDP in the Maldives, the Government of Victoria in Melbourne, Australia, the Government of Nunavut, the law firm of Stewart McKelvey in Halifax, and the Marine and Environmental Law Institute at the Schulich School of Law at Dalhousie University. He holds an undergraduate degree from Acadia University, a JD from Dalhousie Law School (environmental law certificate), an MA in International Development from Dalhousie University, and will be an LLM Candidate at Stanford Law School in 2015-2016.
Jessica Clogg is West Coast’s Executive Director and Senior Counsel. For more than a decade, her work has had a particular focus on providing legal and strategic support to First Nations – working with First Nations leaders and community members to use their own laws a foundation for powerful strategies to protect the lands and resources of their territories and to catalyze broader shifts in Canadian law. Jessica holds a joint Masters in Environmental Studies and law degree (MES/LL.B) from York University, where her graduate research focused on “Tenure Reform for Ecologically and Socially Responsible Forest Use in British Columbia.” Before joining West Coast Environmental Law, Jessica worked as a facilitator, popular educator and organizer for a variety of non-profits, at a Vancouver litigation firm, and as a law clerk to the British Columbia Supreme Court.
Nicole Schabus is an Assistant Professor at the TRU Faculty. She has worked for Indigenous Peoples in Latin America and across Canada, especially in the Interior of British Columbia. She has practiced law in British Columbia for 10 years, representing Indigenous Peoples, including in the Cohen Commission on the Decline of the Fraser River Sockeye Salmon and recently as part of the legal team for the UBCIC, Secwepemc and Okanagan Intervenors in the Tsilhqot’in case before the Supreme Court of Canada. In the course of the Cohen Commission, she prepared submissions on Bill C-38 as it was proposed at the time and the potential negative effect it could have on salmon stocks and Indigenous Peoples in Canada. Nicole also reports and academically analyzes international environmental negotiations, mainly under the Convention on Biological Diversity, especially relating to indigenous traditional knowledge and access to genetic resources and benefit-sharing.
Janna Promislow is an Associated Professor at Thompson Rivers University. Prior to joining the Faculty, she practiced law with Davis & Company in the Northwest Territories, where she worked for aboriginal clients on residential school claims, the implementation of the Sahtu land claim agreement, and related corporate and community development. From 2008-2010, she worked for the Ontario Ministry of Aboriginal Affairs, focusing on the policy and practice of consultation with aboriginal communities. Before coming to Thompson Rivers University, she was an Assistant Professor at the University of Victoria, Faculty of Law (2010/2011). Janna holds a BA (Hons) from the University of Alberta, an LLB from the University of Victoria, and an LLM and PhD from York University. She clerked at the Law Courts of Alberta (Queen’s Bench and Court of Appeal) and has held teaching positions at Osgoode Hall and the University of Alberta Faculty of Law.
Bob Gibson works mostly on environmental and sustainability policy issues. His research and writing have centred on decision-making successes and failures in environmental planning, assessment and regulation in various Canadian jurisdictions and on the emerging design and practice of sustainability assessment. Since 1984, he has been co-editor or editor or (now) editorial board chair of the Canadian environmental journal, Alternatives Journal. Before coming to Waterloo in the early 1980s, Bob worked for a variety of government agencies and native and environmental groups. Since then he has continued to work with a variety of such organizations on the design and application of environmental law and policy. His book on Sustainability Assessment was published by Earthscan in 2005. Bob holds a BA (Honours) from York, and an MA and PhD from the University of Toronto.
Mark Winfield is an Associate Professor of Environmental Studies at York University. He is also Co-Chair of the Faculty’s Sustainable Energy Initiative, and Coordinator of the Joint Master of Environmental Studies/Juris Doctor program offered in conjunction with Osgoode Hall Law School. Prior to joining York University Professor Winfield was Program Director with the Pembina Institute and prior to that Director of Research with the Canadian Institute for Environmental Law and Policy. He has published articles, book chapters and reports on a wide range of environmental and energy law and policy topics. His book, Blue-Green Province: The Environment and Political Economy of Ontario was published by UBC Press in 2012.
Stewart Elgie is a Professor of environmental law and economics at the University of Ottawa, where he is also the associate director of the University’s Environment Institute. He received his Master’s of Law from Harvard in 1988, and is currently completing a doctorate at Yale. Prof. Elgie previously served as a professor at several Canadian law schools (Osgoode Hall, British Columbia, and Alberta). Prior to joining the University of Ottawa, he founded the Sierra Legal Defence Fund (now EcoJustice), Canada’s largest non-profit environmental law organization. Prof. Elgie was also the founding executive director of the Canadian Boreal Trust. He has served on a number of government law reform and advisory panels. In addition, he is the founder and chair of Sustainable Prosperity, a major research-policy initiative focused on building the knowledge foundation for a greener, stronger economy. In 2001, Prof. Elgie was awarded the Law Society of Upper Canada medal for exceptional lifetime contributions to law.
Nathalie Chalifour is co-director of the Centre for Environmental Law and Global Sustainability. Her research is interdisciplinary focusing on the intersections between the environment, the economy, and environmental and social justice. She holds a Doctorate in law and a Master in Juridical Sciences from Stanford University. Nathalie has published numerous articles which address a variety of topics, including carbon taxes, social justice, ecological fiscal reform, sustainable forestry, brownfields redevelopment, and the effects of trade liberalization on nature conservation. She is the Co-Editor of Critical Issues in Environmental Taxation, Volume V (Oxford University Press, 2008), Land Use Law for Sustainable Development (Cambridge University Press, 2007) and the looseleaf edition of The Canadian Brownfields Manual (LexisNexis, 2004). Before joining the Faculty, Professor Chalifour was Senior Advisor to the President and CEO of the National Round Table on the Environment and the Economy.
Lynda Collins is a Professor with the Centre for Environmental Law & Global Sustainability at the University of Ottawa Faculty of Law. Professor Collins is one of Canada’s leading experts in the law and policy of toxic torts. She has practised toxic tort litigation in Canada and the US, at both the trial and appellate levels, and has published widely on a variety of issues in toxic torts, with a particular focus on the law of toxic causation. Professor Collins is also an expert in the domestic and international law of environmental human rights. She has published on a range of issues in this area including constitutional environmental rights under the Canadian Charter of Rights and Freedoms, Aboriginal environmental rights, and the environmental rights of future generations. She is particularly interested in the interplay between the Precautionary Principle and the protection of environmental human rights. Professor Collins has consulted with a number of domesitc and international organizations, including various UN organs, on the development and implementation of environmental human rights.
Kaitlyn Mitchell is a staff lawyer and regional program manager with Ecojustice – Canada’s leading environmental law non-profit organization. Before joining Ecojustice in 2010, she worked at the Canadian Environmental Law Association as an articling student and then as counsel. Kaitlyn graduated from Dalhousie Law School with a specialization in Environmental Law and has previously taught Development and Environmental Law at Ryerson University.
Zachary D’Onofrio is a summer law student at West Coast Environmental Law. He is entering his final year of York University/Osgoode Hall Law School’s joint Juris Doctor and Master of Environmental Studies program, with his research focusing on energy law and planning. He holds a BA (Honours) and an MA from the University of Toronto. He has worked for the Toronto and Region Conservation Authority in a number of capacities, and as a researcher for the University of Toronto Faculty of Forestry. He has volunteered at Ecojustice Canada’s Toronto office, and is currently serving his second term as Co-Chair of the Osgoode Hall Environmental Law Society.
Bruce Pardy is Professor of Law at Queen’s University. He has written extensively on environmental governance, ecosystem management, water policy, climate change and environmental liability. His forthcoming book is Ecolawgic: The Logic of Ecosystems and the Rule of Law. He has held teaching positions at Victoria University of Wellington in New Zealand, California Western School of Law in San Diego, Seattle University School of Law, the University of Western Ontario and the South Texas School of Law in Malta. Prior to joining the academy, he practiced litigation at Borden Ladner Gervais LLP in Toronto. Last year he retired from the Ontario Environmental Review Tribunal where he sat for a decade as an adjudicator and mediator, deciding such cases as Nestlé Canada v Ontario (Ministry of the Environment).
Annie Rochette is Associate Professor at the Université du Québec à Montréal where she teaches methodology and environmental law courses. She was Assistant Professor at the UBC Faculty of Law from 2001-2004. Her main areas of research include feminist and ecofeminist approaches to environmental law, gender and climate change, and legal education. Her most recent research focuses on the integration of gender in climate change policies and actions from a developed country perspective. Her doctoral work, completed in 2011, empirically explored teaching and learning in Canadian legal education. She is the francophone editor for the Canadian Journal of Women and the Law (2012-), she was the founding and editor-in- chief of the Canadian Legal Education Annual Review (CLEAR, 2006-2013), is involved on the Canadian Association of Law Teachers board (current president and president in 2004-2005), and regularly runs workshops on teaching and learning for law teachers.
Sharon Mascher is a Professor at the University of Calgary. Prior to joining the Faculty, she held positions at Thompson Rivers University, the University of Western Australia, the University of Saskatchewan and Victoria University of Wellington (New Zealand). While at the University of Western Australia, Sharon was the Deputy Director (Environment and Climate Change) of the Centre for Mining, Energy and Resources Law. Sharon has published on a variety of topics relating to environmental law including climate law, natural resources 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 chapter on the operation of the Australian Native Title Act in Bankes and Kiovurova (eds) The Proposed Nordic Saami Convention: National and International Dimensions of Indigenous Property Rights (Hart: 2013).