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CELA's November 2019 Bulletin

Inside CELA

CELA's New Website!

'Tis the Season...

CELA's Pivotal Role in Ontario's Clean Water Act

As CELA enters our 50th Anniversary year, we’re celebrating our role at the forefront of environmental justice for a half century.

This month, we’re profiling the critical role that CELA played establishing Ontario’s Clean Water Act, 2006 (CWA), whose purpose is to protect our existing and future sources of drinking water.  

In 2004, CELA led a collaborative effort to provide the government with expectations for the legislation.  We followed the nascent law through the legislative and regulation making processes, holding the government to account to make certain the resulting law was strong and effective.  To ensure community members were engaged and supported through the first round of source water protection planning process, we founded the “Water Guardians Network”. 

While the law has been in place for over ten years, we continue to advocate for its protection and robust implementation.  That kind of persistence and long-term commitment underpins CELA’s approach to advocacy, and is critical to sustaining strong environmental laws!

Upcoming Events

Environmental Toolkit Webinar - Private Prosecutions

Public Legal Education This Month

Webinar - Septic Program Reinspection

CELA and the Federation of Ontario Cottagers Association co-hosted a webinar this week about Ontario's septic reinspection programs.  The webinar was attended by over 100 members of the public and featured the author of a newly released report, Dr Sarah Minnes from the University of Saskatchewan.  A recording of the webinar is available on CELA's website.  

Assembly of First Nations Water Symposium

CELA was invited to present at the Assembly of First Nations water symposium in Toronto last week.  The session focused on how ENGO's can be better allies in addressing water issues with First Nations.  CELA's Theresa McClenaghan and Kerrie Blaise presented on CELA’s mandate, services and water and drinking water protection work with First Nations.  

Student Presentations on Environmental Law

Climate Change Symposium

CELA in the Courts

CELA Clients Apply to Intervene in Carbon Pricing Appeals

On behalf of two clients based in Ontario, CELA recently applied to the Supreme Court of Canada for leave (permission) to intervene in two carbon pricing appeals that will be heard in March 2020. The appeals focus on whether the Greenhouse Gas Pollution Pricing Act is within the federal government's constitutional authority.  Earlier this year, both the Saskatchewan Court of Appeal and the Ontario Court of Appeal upheld the constitutionality of the legislation. If CELA's clients are permitted to intervene in this precedent-setting case, their legal arguments will be served and filed in late December.

CELA Works to Protect Residents' Drinking Water

In November, CELA's client, Citizens Against Melrose Quarry, participated in the second pre-hearing conference held by the Local Planning Appeal Tribunal  in relation to a proposed quarry in Tyendinaga Township in southeastern Ontario. In 2018, the Ministry of Natural Resources and Forestry referred residents' outstanding concerns about the quarry (e.g. protection of the local aquifer that supplies drinking water) to a public hearing under the Aggregate Resources Act. It is anticipated that the Tribunal hearing will commence in the spring of 2020.

News & Activities

Lead in Drinking Water

There has been widespread media coverage recently about dangerously high levels of lead in our drinking water.  Dozens of articles appeared in Canadian newspapers this month, the result of a year-long investigative journalism project by Global News, the Toronto Star and the Institute for Investigative Journalism.  CELA's recently published report on lead in our drinking water was a key resource for the investigation, and includes multiple recommendations to protect Canadians, including asking the province of Ontario to change legislation to require a minimum of 75% of municipal lead service lines to homes be replaced within 3-5 years. 

CELA Raises Concerns about Ontario's Bill 132

Water Bottling Moratorium Extended

CELA is supportive of the Ontario government's plans to further extend the moratorium on groundwater bottling.  The Ministry has indicated it needs more time to complete its analysis of the water quantity review and consult with the public.  In a recent blog post, CELA lawyer Anastasia Lintner explains the proposed extension and CELA's past involvement in the groundwater management review.

Urgent Canadian Action is Needed on PFAS - the Forever Chemicals

The class of chemicals called PFAS (Per- and Polyfluoroalkyl Substances) are often referred to as 'the forever chemicals' because they are highly persistent in the environment and will take hundreds if not thousands of years to disappear from soil and groundwater.  CELA is shining a light on the dangers and health impacts of these chemicals in our newly released report.  CELA researcher and paralegal Fe de Leon and environmental consultant Bev Thorpe have written an excellent primer on PFAS and why we need to concerned. 

CELA Comments on Proposed Changes to Regulation 903 (Wells)

Ontario has recently proposed amendments to Regulation 903, which sets out requirements for the construction, cleaning, maintenance, abandonment and reporting of wells throughout the province. Over the years, CELA, the former Environmental Commissioner of Ontario and other commentators have criticized the continuing inadequacy of this important regulation. CELA concludes that the three amendments being proposed at this time are minor and problematic.  CELA therefore calls upon the Ontario government to develop and consult upon a broader suite of substantive regulatory reforms (especially in relation to well disinfection) in order to safeguard public health and the environment. 

Technical Study on Nuclear Emergency Preparedness not Publicly Released

CELA provided written interventions to Canada's nuclear regulator, the Canadian Nuclear Safety Commission, in response to its fall regulatory oversight meetings about nuclear power plants, nuclear substances and Canadian Nuclear Laboratories' sites. 

In our comments for the nuclear power plant oversight report, CELA sought the Commission's assistance in obtaining Ontario's yet-to-be publicly released study of emergency planning. As discussed at the Pickering nuclear power plant relicensing hearing in 2018, a technical study was undertaken by Ontario to assess the impacts of  weather and topographical features on dose projection modelling in the event of a radiological release.  CELA noted the urgent and pressing need for the nuclear regulator to access this technical study, review it in full and provide a public account of its findings.  This remains an outstanding matter.

Uranium Mines should be Reviewed for Impacts of Climate Change

Climate change was not a consideration that factored into decommissioning for Canada’s historical uranium mine sites, and thus in CELA's intervention to the Canadian Nuclear Safety Commission, we noted a pressing need to include climate change within the scope of the annual review process. We also recommended that decommissioning plans for currently operating uranium mine sites be required to consider climate effects.  We asked the Commission to consider its role in developing regulations to ensure climate change is considered in mine closure planning. This matter will be considered by the Commission at an upcoming meeting. CELA was not provided an opportunity to intervene in person. 

CELA Supportive of Proposed Changes to Biogas Rules for Farms

The Faces of CELA: Lawrence Gunther

What is your role and how long have you been involved with CELA?

I founded the charity Blue Fish Canada in 2012; focussed on water quality, fish health and informing and inspiring the next generation of conservation-minded recreational anglers. In late 2016 CELA approached me to be part of the Healthy Great Lakes initiative, which I felt was a good fit given that recreational fishing on the Lakes represents a $8-billion annual economic driver and contributes to the socio-economic stability of shoreline communities.  [read more]

BONUS - Check out Blue Fish Canada's excellent podcast series at BlueFishRadio.com

Dear CELA Supporter - 

While CELA continues to be disappointed in Legal Aid Ontario’s decision to cut funding by up to a third over the next two years, we remain focused on, and committed to our mission of seeking justice for those harmed by environmental protection and advocating for policies that protect the environment.

In the face of reduced provincial funding, CELA needs your help to continue to be at the forefront of making our environment cleaner, healthier and safer.  

Please donate to our #GivingTuesday campaign today to ensure CELA continues to be there to protect low-income and vulnerable populations from environmental pollution.

In the wake of the announcement of funding cuts, CELA heard from hundreds of our supporters and partners about the importance of our work - they all echoed the message that CELA plays a critical role in advocating for environmental justice at every opportunity.

"CELA's contribution to Canadian environmental protection is inestimable. The organization has worked tirelessly for clean water and air, reduction of toxic substances and the promotion of human health. No group has contributed more to ecological justice over the last fifty years." - Rachel Plotkin, Ontario Priorities Group

"CELA provides incredibly valuable services to small community groups like ours.  By giving us the opportunity to review and sign on to their recommendations/input on government bills and policies, they offer us a voice where otherwise we would not have one." - Janet McKay, LEAF

"We are grateful for CELA’s legal expertise and in particular its rapid response capacity. With so many legislative changes coming at the environmental community, it can be overwhelming for policy experts to do this work on our own. CELA’s lawyers provide trusted, clear-eyed opinions informed by a long term perspective. It’s an invaluable service that we rely on to inform our public submissions and campaigns." - Anna Baggio, Wildlands League

CELA has been doing this important work for 50 years, and we’re committed to being here for another 50.  In the face of provincial funding cuts, we need your help to seek justice for those citizens and communities most impacted by pollution.

CELA is committed to protecting human health and the environment by seeking justice for those harmed by pollution.  Please donate to our #GivingTuesday campaign today.

Sincerely,

Theresa McClenaghan,
Executive Director

P.S.  A donation to the CELA Foundation will help support CELA’s work, and your donation is eligible for a charitable tax receipt.  Thank you for your support.

Dear CELA Supporter - 

Last week, we reached out to ask for your support.

As CELA enters its 50th anniversary year, we are renewed in our commitment to seek justice for those most harmed by pollution and a lack of environmental protection. 

We are energized by your response!  Many of you stepped up immediately and with generosity, making a financial contribution to ensure CELA’s next 50 years are even stronger.

While we are grateful for Legal Aid Ontario’s continuing support, the reality of the province’s recent funding cuts means your donations are needed more than ever.

Donations to the CELA Foundation will help support CELA’s work, and your donation is eligible for a charitable tax receipt.  

We’ll be in touch in the new year with details about our 50th Anniversary year, including a fundraising campaign and a special event invitation. 

Sincerely,

Theresa McClenaghan,
Executive Director

CELA's December Bulletin - 
A Look Back at 2019!

Holiday Message from CELA's Executive Director

Seasons greetings!  In this season of reflection, we take time to share with you a few key highlights from the past year.  The following summaries represent only a snapshot of CELA’s extensive work during 2019 to advocate for the rights of low-income and vulnerable individuals and communities.  

I am very proud of the work of our staff and Board, all of our volunteers and students, and of the collaborative partnerships that allow us to leverage the critical work we do.

As we reach the end of 2019, our 50th anniversary is upon us!  To ensure a stronger and more sustainable CELA for the next 50 years, we have a renewed vision for our sister organization, the Canadian Environmental Law Foundation.  Stay tuned in 2020 for details of our 50th celebration!

We bring tremendous energy to 2020 and are excited to continue our good work together.

Theresa McClenaghan
Executive Director

Update on Legal Aid Services Act

As we approached the end of December, the province of Ontario tabled a new Legal Aid Services Act. 

One of the things that all of us in the legal aid clinic system in Ontario were looking for in that new legislation was explicit recognition of the importance of community legal clinics and our independent boards of directors within the legal aid framework.   We were gratified to see provision for independent legal aid clinics in the draft legislation.

While we and our colleagues will be suggesting improvements to the legislation such as restoration of a purpose statement that recognizes low income and vulnerable communities, and other matters, we think that the proposed legislation has the potential to provide a good foundation for clinic law in Ontario.  

We also appreciated that the province has advised that Legal Aid Ontario’s budget for next year will not be further cut as anticipated. However, we continue to advocate that the province restore the $133 million that was lost to the whole Legal Aid system in the budget in the spring of 2019.

In the meantime, CELA has been very gratified by the outpouring of support for our work over the past several months!

The Critical Role of CELA - In Your Words

Earlier this year, we reached out to our client community to understand the value of CELA's work to them and their communities.  We were overwhelmed with the response, demonstrating the immense value of our staff efforts to these communities.  Here are some excerpts...

"Without CELA, many First Nations including ours would lose the opportunity to have legal advice provided to our community to determine the next level of response. Presently, First Nations do not have the financial resources to address specific concerns in a legal sense. Additionally, First Nations are developing their own (including MFN) environmental management plans and laws and CELA is a valuable resource to provide information, materials and in some cases legal representation."

- Keith Sayers, Lands and Resources Program Manager, Mississauga First Nation

“Quite literally CELA saved our lives. We know from hiring an international atmospheric expert that living downwind of a permanent asphalt plant could have severe health consequences, especially in our children. Our hydrogeologist predicted that it was only a matter of time before our groundwater was irreversibly contaminated. We could never have afforded to fight this multinational company on our own.”

- FACT (Friends Addressing Concerns Together)

“Without CELA our organization would not have been able to afford the legal fees associated with hiring independent counsel to appear at the then OMB hearing of our matter, or the continued legal fees to ensure our local municipal governments take all steps necessary to ensure our groundwater is not contaminated by hydrocarbons from a nearby, decommissioned, gas station. 

CELA offers an invaluable resource to communities like ours, who have legitimate concerns regarding their groundwater and environment. Many of these communities are in small, rural settings where the population is not affluent or sufficient in number to mount a concerted fund raising effort and therefore it is not possible for the residents to afford legal counsel. Simply raising funds for experts can take everything a community has. CELA provides an option for these communities and in a system where lack of legal representation is a clear disadvantage.” 

- Hartington Community Association

A LOOK BACK AT 2019

Protecting Drinking Water

Lead in Our Drinking Water

CELA’s work on lead was a valuable resource to the recent Canada-wide investigation revealing dangerous levels of lead in our drinking water.  Our recently published report makes multiple recommendations to protect Canadians, including asking the province of Ontario to change legislation to require a minimum of 75% of municipal lead service lines to homes be replaced within 3-5 years.

For many years, CELA has focused on the greater vulnerability of the fetus and child, to lead and other toxic substances, particularly addressing the greater exposure that can occur under low income circumstances.

Digging Holes in Ontario

CELA recently filed submissions in response to government proposals to change the Provincial Policy Statement and the Aggregate Resources Act.  The changes would dilute or remove key provisions that protect farmland, air quality, and drinking water resources, as outlined in a recent blog post by CELA lawyer Rick Lindgren.  CELA hosted a webinar earlier this year, attended by over 150 participants, providing an in-depth review of the proposed changes.

CELA Works to Protect Residents' Drinking Water

Landfills can cause significant impacts on public health and the environment, including contamination of drinking water sources, impairment of surface water resources, degradation of local air quality, and release of greenhouse gas emissions.  

CELA often serves as counsel for clients in relation to existing or proposed landfill sites.  For example, this year we continued to represent a residents' group in southeastern Ontario that is working closely with a First Nation community in order to address groundwater contaminants that have moved off-site from a closed private landfill onto neighbouring properties. 

In November, CELA’s client, Citizens Against Melrose Quarry, participated in the second pre-hearing conference held by the Local Planning Appeal Tribunal  in relation to a proposed quarry in Tyendinaga Township in southeastern Ontario. The group is concerned about quarry activities adversely affecting the shallow aquifer that serves as the sole source of drinking water in the area.  

Minister Revokes Landfill Approval at Request of CELA Client

For several years, CELA has represented a residents' group, Citizens Against the ED-19 Dump, that is opposed to a proposed municipal landfill in eastern Ontario.

This landfill received an environmental assessment (EA) approval in 1998, but it was never built for various reasons. After a private waste disposal company recently expressed interest in acquiring the site and constructing the landfill, CELA's client applied to the provincial Environment Minister to reconsider and revoke the 21 year-old EA approval.

In December 2019, the Minister decided that it was in the public interest to revoke the outdated approval, and CELA commends the Minister for this precedent-setting decision.

Healthy Great Lakes Webinars

CELA's Healthy Great Lakes program hosted a series of webinars this fall that were very well-received.

A review of the proposed changes to the Provincial Policy Statement and the Aggregate Resources Act was attended by over 150 citizens, ENGO's, media, health organizations, and government staff. 

CELA partnered with the Federation of Ontario Cottagers Association to host a webinar in early December about Ontario’s septic re-inspection programs.  Attended by over 100 people, the webinar featured the author of a newly released report, Dr Sarah Minnes, from the University of Saskatchewan. 

The Healthy Great Lakes program has also supported a series of digital conversations about toxic substances and the Canadian Environmental Protection Act, including informed substitution, worker exposure, and chemical management planning.

Environmental Health

Urgent Action is Needed on PFAS - the Forever Chemicals

The class of chemicals called PFAS (Per- and Polyfluoroalkyl Substances) are often referred to as “the forever chemicals” because they are highly persistent in the environment and will take hundreds if not thousands of years to disappear from soil and groundwater.  CELA is shining a light on the dangers and health impacts of these chemicals in our newly released report, and have prepared an excellent blog about the need for concern.

A Victory on Bill 66

Earlier this year, environmental groups, farm organizations, MPPs and residents across Ontario strongly opposed Schedule 10 of Ontario’s Bill 66, which posed environmental and public health risks by allowing municipalities to pass “open-for-business planning by-laws” that would be exempt from key provisions of the Clean Water Act, Greenbelt Act, and other provincial laws.  In response to public outcry and opposition, the Standing Committee voted against Schedule 10, thereby removing it from Bill 66, a decision supported by CELA.

Airborne Pollutants

In 2019, CELA continued to represent Ontarians who were impacted by, or concerned about, exposures to air pollutants and noxious odours from industrial and commercial facilities.  For example, CELA participated in administrative proceedings on behalf of a person who suffered material discomfort and other adverse effects due to airborne contaminants discharged from a neighbouring manufacturing facility.

Advancing Environmental Health Indoors

RentSafe Collaboration Expands Resources for Tenants

The RentSafe project, begun in 2014, arose from CELA’s focus on children’s environmental health and recognition that exposure to toxic substances and other hazards often occur indoors with the greatest concern for children and families living on low income or who are otherwise marginalized.

Three years of baseline research identified top indoor health priorities for tenants, notably problems with mould and pests in substandard housing (e.g., see our fact sheet for tenants about bed bugs and pesticides). To address mould issues in housing, the RentSafe team worked closely with physicians, public health experts and others to develop helpful resources for physicians and tenants.

Next steps include an expanded collaboration among several specialty and general service legal clinics, and the Clinic Resource Office, to develop resources to assist tenants addressing mould in legal proceedings.

Ensuring Climate Policy Protects Vulnerable Communities

Greenhouse Gas Pollution Pricing Appeals

On behalf of environment and faith groups based in Ontario, CELA recently received permission from the Supreme Court of Canada to intervene in two carbon pricing appeals that will be heard in March 2020. The appeals focus on whether the Greenhouse Gas Pollution Pricing Act is within the federal government’s constitutional authority.

Earlier this year, CELA represented our clients in the constitutional references held by the Courts of Appeal for Saskatchewan and Ontario, and both courts upheld the constitutionality of the federal law.

In addition, CELA hosted a webinar summarizing these references and explaining why they matter to our client communities.

Protecting Environmental Human Rights

Source Water Legal Toolkit for Indigenous Communities

With funding from the Law Foundation of Ontario, CELA collaborated with the tri-nation of Chippewas of the Thames First Nation, Oneida Nation of the Thames, and Munsee-Delaware to create an Indigenous Source Water Protection Toolkit.

Community members expressed that their traditional use and enjoyment of the Thames River had been diminished because of threats from adjacent industrial and agricultural land uses and historical degradation due to illegal dumping and spills.

The toolkit - intended as a public legal resource for any Indigenous community - is comprised of bylaws aimed at protecting source waters, a consultation and accommodate protocol which integrates source water protection monitoring and oversight provisions, and guidance documents regarding citizen environmental rights and opt-in provisions within the Clean Water Act.

Legal Services in Northern Ontario

Throughout 2019, CELA continued to provide direct legal services in Northern Ontario to communities and low-income citizens seeking environmental justice.

CELA extends a warm thanks to our community legal aid clinic colleagues in the North who have welcomed CELA's Northern Services counsel, Kerrie Blaise, and provided much appreciated office and public meeting space. With their assistance, we've been able to meet with clients from Thunder Bay to Timmins, and provide legal services to some of the most underserved areas of the province.

Working in collaboration with community groups and many First Nation communities, CELA remains committed to advancing environmental justice in Ontario's North. 

Chronic Disability and Environmental Triggers

CELA worked with our sister specialty legal clinic, the ARCH Disability Law Centre, to lay out the legal rights and challenges faced by those with chronic disabilities triggered by environmental factors, including through a human rights lens. Our report makes several recommendations including endorsing the recommendations in the Final Report of Ontario’s Task Force on Environmental Health. 

CELA's January Bulletin

Inside CELA

CELA Turns 50!

For more than 50 years, CELA has been on the frontlines, fighting to make our environment cleaner, healthier, and safer for everyone.  

Through client representation projects like the Walkerton Inquiry, intervening in environmental cases at the Supreme Court of Canada, providing legal aid services to ensure low-income and vulnerable clients have a seat at the table, and championing legal reform, CELA has helped to shape environmental policy in Canada over the past 50 years and continues to do so today.

We want to celebrate with you - our clients, partners, and colleagues.  Stay tuned for news of a 50th Anniversary event, coming soon!

2019 Annual Report

CELA’s 2019 Annual Report provides highlights of our casework, public legal education, and law reform work.

As a specialty clinic funded by Legal Aid Ontario, CELA’s primary focus is on assisting and empowering low-income people and disadvantaged communities. We help to provide access to justice and ensure public participation in environmental decision-making.

Upcoming Events

Porcupine Watershed Open House

CELA’s Northern Services Counsel Kerrie Blaise, along with all Porcupine Watershed Public Liaison Committee members, will be hosting a public open-house on Wednesday, February 12, 2020. From 4-8pm everyone is welcome to drop in at the Maurice Londry Centre in South Porcupine to ask questions and learn about the health of Porcupine Lake.

QELC Environmental Law Career Panel

CELA Special Projects Counsel, Healthy Great Lakes, Anastasia Lintner will be speaking at the Queen’s Environmental Law Club’s annual Career Panel on February 28, 2020.

Panel Discussion on Carbon Pricing Case

On February 27th, CELA lawyer Rick Lindgren will be participating in a panel discussion at the Queen's University Faculty of Law in relation to the carbon pricing case.

CELA's Executive Director's Upcoming Speaking Event

CELA's Executive Director Theresa McClenaghan will be speaking at Trinity College at the University of Toronto next month on the topics of climate change and vulnerable communities. Her talks will highlight the lack of legal protection for those communities in most current approaches to climate regulation.  

Theresa will also be speaking to other University of Toronto students and their colleagues from law schools across Canada at the 2020 Runnymede Society's Law & Freedom Conference on February 29, 2020. In a debate arguing that Canada's carbon pricing law is constitutional, Theresa will be joined on the "for" side by MP Elizabeth May. The weekend organized by Runnymede Society promises to provide stimulating discussions with a keynote by retired Supreme Court Justice Rothstein among others.

Budget 2020 Consultations

Public ideas on the provincial government’s spending priorities for the 2020 Budget can be submitted until February 11, 2020. There are several ways to participate. 

Public Legal Education This Month

Community Feedback on Proposed Ring of Fire Projects

The Friends of the Attawapiskat River retained CELA to facilitate their involvement in two impacts assessment for Ring of Fire projects currently before the Impact Assessment Agency of Canada for review.  In an effort to gather community feedback the Friends visited the communities of Timmins, Fort Albany, Kashechewan and Attawapiskat from January 15-20, 2020.  

Travelling over 600 km from Timmins to Attawapiskat by seasonal winter and ice roads, CELA's Northern Services Counsel, Kerrie Blaise, with the Friends visited elders, community members and youth to collect their feedback. This submission from the Friends is a compilation of the messages and views we heard directly from leadership, community members, elders and youth during our week-long tour to James Bay communities.

CELA Lawyer Delivers Guest Lectures

In January, CELA lawyer Richard Lindgren delivered a guest lecture on renewable energy approvals to a wind turbine technician class at St. Lawrence College in Kingston, and a guest lecture on federal and provincial environmental assessment laws to an engineering class at the University of Toronto.

CELA's Continued Leadership in the Great Lakes St Lawrence Collaborative

CELA's Executive Director Theresa McClenaghan has continued her expert advisory role for the Great Lakes - St. Lawrence Collaborative, funded by Environment Canada and chaired by two former Ontario and Quebec Environment  Commissioners, in developing an action agenda to protect human and ecosystem health in the region. The interim Great Lakes Action Plan 2030 was released last summer and the St. Lawrence portion of the plan will be available soon. To sign up for updates or learn more, check out the Collaborative website.

Canadian Nuclear Safety Commission Advisory Committee

Two members of CELA's legal team, Executive Director Theresa McClenaghan and Northern Services Counsel Kerrie Blaise, sit on an advisory committee to the Canadian Nuclear Safety Commission to provide advice about potassium iodide (KI) pre-distribution as a precaution against an accident at the Pickering Nuclear Generating Station. Minutes have been posted online by the Commission.

CELA In The Courts

CELA's legal team is always busy representing our clients in the courts - while we can't always talk about this critical, behind-the scenes work, we're rounding up some key stories for next month's Bulletin.  Watch for our February edition to feature interviews with our lawyers and paralegal staff about their frontline work, fighting to make our environment cleaner, healthier, and safer for everyone.  

On The Blog

Looking Down The Road - Environmental Law in 2020

As the New Year approaches there are numerous environmental issues that will continue to command the attention of litigators and legislators across Canada.

These issues include air and water pollution, renewable energy, sustainable resource management, waste diversion, plastics reduction, clean-up of contaminated sites, protecting species at risk, conserving wilderness areas, and ensuring drinking water safety in Indigenous communities and Canadian municipalities. [read more on the blog...]

CELA Calls for Review of Ontario's Clean Water Act

To safeguard public health, CELA recently filed an EBR Application for Review of Ontario's Clean Water Act in order to better protect water used by non-municipal drinking water systems (e.g. well clusters in small villages and towns). The Environment Ministry must now decide by mid-February 2020 whether it will undertake the review requested by CELA. Read more on CELA's blog.

Dear Supporter,

Last week I wrote to you to ask for your help. This morning, I'm so pleased to be able to offer you an extra, wonderful reason to give today.
 
Today, in recognition of Giving Tuesday, a stalwart supporter of CELA's work to protect our environment will match your monthly donation for the first three months. That's right! Join our monthly giving program today and this donor, who prefers to remain anonymous, will match your gifts for December, January and February!
 
That's a great way to increase the impact of your donation. As a monthly donor, you'll make a difference all year:

• Support the next generation of skilled environmental justice advocates by providing vital articling opportunities to young lawyers.
• Give northern, remote and Indigenous communities equitable access to environmental representation and advocacy.
• Enable communities to participate in environmental decisions and legal issues that profoundly affect their health and environment.

Dear Supporter,

Today I started my morning, as I have most days in 2020, with more updates about the tumultuous events that have consumed us since March.

The current pandemic shows us how inequitable our society is - something that mirrors the inequitable impacts of pollution and climate change.  We are being challenged to face the systemic racism and crying need for reconciliation with our First Peoples and we have so much more to do. 
 
This has been a year of profound change, and for many of us, an awakening. I am heartened to see so many people taking action to make a difference on these compelling, urgent and life changing issues.
 
At the same time, I am grateful that your support for CELA's work to protect our environment and health has not wavered. This year, we are marking fifty years of advocating for environmental justice through case work and law reform.

As a friend and supporter, you've shared in our successes. We have much to celebrate - think about improvements in air quality, banning the cosmetic use of pesticides, the drinking water protection legacy of the Walkerton tragedy, and hundreds of other successes. But we have much more work ahead. And so, I'm asking you to take action today by making a financial contribution to our cause.
 
Because we need you now, more than ever.
 
Changes made this summer to Ontario's environmental laws threaten to erode the positive changes we have achieved over decades of law reform. The public interest safeguards we have put in place are being decried and dismantled as "red tape."
 
At the same time, funding cuts have curtailed our capacity to represent and provide assistance to communities who are disproportionately affected by the impact of decisions affecting their environment. Without adequate funding, the gains we have made will be lost, along with the safe and healthy future we have been building for generations to come.
 
We can't let this happen.
 
I'm asking you to give now, as generously as you can, to protect our health, our environment, our future. Your donation today will:

• support the next generation of skilled environmental justice advocates by providing vital articling opportunities to young lawyers.
• give northern, remote and indigenous communities equitable access to environmental representation and advocacy.
• enable communities to participate, with expert assistance, in environmental decisions and legal issues that profoundly affect their health and environment.

Canadian Environmental Law Association
Turns 50 This Year!

Article by Executive Director Theresa McClenaghan first appeared in The Lawyer''s Daily

1970 was an auspicious year for environmental protection.

The public was becoming aware of the devastation being caused to our natural environment from toxic chemicals like DDT, and the travesty to the community at Grassy Narrows, arising from mercury contamination of the fish and water on their traditional lands from unregulated emissions from pulp and paper mills. Read more...

Housing and the Indoor Environment:

Where Toxic Exposures can be Up Close and Personal

Authored by Kathleen Cooper, Senior Researcher, CELA

As we begin to emerge from nearly three months of sheltering indoors, we must remember that housing - being able to pay for it, clean it, supply it with affordable energy and clean water - is among the key challenges and social inequities revealed by the COVID pandemic.

Recent life changes indoors have ramped up use of hand sanitizers, surface disinfectants, disposable masks, and single-use plastics, unfortunately creating a big setback in addressing the plastic-dominated waste crisis.

Outdoors, there has been awe and delight at how the environment has responded to the great "human pause." These altered indoor and outdoor realities are inseparable from the urgency of the work done by many of our sister clinics on the Colour of Poverty campaign, the Black Lives Matter awakening, and renewed calls for Indigenous justice in Canada (recalling that much Indigenous-led activism has arisen from deplorable on-reserve housing conditions). The result is now worldwide calls for a just and green recovery.

Central to all recovery plans should be affordable and safe housing for all. That safety includes ensuring environmental protection extends to the indoor environment.

Read the rest of Kathy''s blog post here

Clockwise from top left: Showy Lady Slipper Orchids (Lanark, ON), Red Trillium (Eugenia, ON), Yellow Lady''s Slipper Orchids (Dyer''s Bay, ON), Red Trillium variant (Lion''s Head, ON).  Photo credit, Linda Pim.

COVID-19 Related Updates

The Canadian Environmental Law Association welcomes the government of Ontario's decision to restore the Environmental Bill of Rights, 1994 (EBR), which had been suspended since early April.

The announcement provides a response to the letter from CELA and nearly 50 civil society organizations which raised concerns about the harmful suspension regulation and asked for its immediate repeal. Signatories noted that while emergency measures aimed at protecting the health and well-being of Ontarians during the COVID pandemic are necessary and welcomed, the suspension of the EBR was perilous because it eliminated public knowledge and accompanying rights to weigh in on environmentally significant decisions.

While the province has released a list of informational bulletins indicating the COVID-19 related matters exempt from the EBR because of the suspension regulation, further action is still needed. To respect the public's right to know and participate, the province should retroactively disclose all proposals for laws, policies, regulations and instruments which would have been posted for comment, if not for the suspension regulation, and restart the comment period on items which are not urgent COVID-19 actions.

Photo of the Month Contest! 

Updates

CELA is pleased with positive amendments the Legal Aid Services Act portion of Bill 161 that added promotion by clinics of access to justice and responsiveness to the needs of low-income and disadvantaged communities in Ontario. Amendments to the Class Proceedings Act did not correct areas of concern thus increasing the difficulty to certify any class actions in Ontario, particularly in relation to environmental claims.

Read more in CELA Executive Director Theresa McClenaghan''s blog post. 

Faces of CELA - Diane Hwang

What is your role and how long have you been involved with CELA?

I am a student volunteer with CELA through Pro Bono Students Canada (PBSC). I am entering my 2nd year of law school at the University of Ottawa. I began volunteering with CELA in May and will be working on projects regarding nuclear waste. Currently, I am looking at the environmental assessment of the Near Surface Disposal Facility at Ottawa's Chalk River. [Read more...]

A Host of Great Virtual Opportunities!

Upcoming Event -  The Science and Art of Environmental Policymaking
Hosted by the Sustainability Network
Thursday, July 9, 1:00-2:00 PM ET

Cost: $20 per person
Registration required

Policymaking is both a science and an art. In this webinar, CELA Counsel Anastasia Lintner will take you through the science of policymaking by providing an overview of the Canadian policy framework, including how policy gets created within the executive, legislative and judicial branches of government. Anastasia will also dive into the art of policymaking through stories based on her own experiences and observations in advocating for improved and enhanced environmental protections.

Upcoming Event - Environmental Themes of Our Times Book Club
Tuesday, July 21, 7:00-8:00 PM ET
Registration required

July''s book club selection is Silent Spring by Rachel Carson.  Widely cited as the book that sparked the modern environmental movement, Silent Spring was lyrically written while revealing shocking facts about the impacts of pesticides on the living ecosystem. 

If you''ve been meaning to read Silent Spring someday, now is your chance!  While we will encourage people to read the whole book, we will focus on the chapter  "And no birds sing".

Presentation - Quarrels with Quarries
CELA Counsel Ramani Nadarajah recently presented on a webinar hosted by the Wilderness Committee. She spoke about the recent legislative and policy changes governing aggregate operations in Ontario. 

Recording Available - Sham Regulation of Radioactive Waste in Canada
Leading public interest organizations recently provided a bilingual briefing session for parliamentarians and the media on a suite of controversial "regulatory documents" from Canada's nuclear regulatory agency.

Recording Available - PFAS the "Forever Chemicals" Contamination in the Great Lakes
Host John Jackson and presenters Michael Murray (NWF) and Beverley Thorpe explored the opportunities to work bi-ati to protect the Great Lakes from PFAS Contamination. 

Recording Available - Pesticides Indoors - Differences in Risks, Regulation, and Necessary Precautions

All pesticide use carries risk but important differences exist in how pesticides behave indoors and in how they are regulated.  Hosted by the Canadian Association of Physicians for the Environment, presenters Kathleen Cooper (CELA) and Dr Meg Sears (Prevent Cancer Now) explain these differences and the  choices that exist for lower risk alternatives alongside prevention.

The federal government will very soon give the Canadian economy a multi-billion-dollar stimulus to help Canada recover from the COVID-19 health crisis.  We now have a once in a lifetime opportunity to build back a more just, sustainable, and healthy Canada - a Canada that works for everyone, not just the few. 

With the federal government about to lay out its recovery priorities in the September 23rd Throne Speech, we don''t have a moment to waste.

Join the online day of action today - Wednesday, September 9th - and tell the federal government you want a green and just recovery!

Please take a moment and send a tweet to Minister Freeland, asking for a serious commitment to implementing a recovery that puts people''s health and wellbeing first, above corporate polluters.

• Min Freeland: You have spoken about an equitable & sustainable #COVID19 recovery. Will you publicly commit to invest in a green & #JustRecovery for Canada? @cafreeland #GreenRecovery #oneearthonevoice
• Min Freeland: You said #COVID19 recovery should be just & sustainable. Will the Throne Speech commit us to green & #justrecovery? @cafreeland #GreenRecovery #oneearthonevoice

Millions have joined the call for a green and just recovery.  Let''s unite with one voice and make our message impossible to ignore!

Sincerely,

Theresa McClenaghan,
Executive Director

The Right to a Healthy Environment -
Advocating for Inclusion in CEPA

Read the full blog post here

The right to a healthy environment is crucial - it directly impacts people's lives as it encompasses health, food, water, sanitation, property, culture, and non-discrimination, among others.
 
The global COVID-19 pandemic has demonstrated how imperative it is to have environmental rights, as well as how vulnerable communities are most impacted by "unhealthy" environments.
 
CELA believes strongly in the right to a healthy environment and has a long history of advocating for it - in fact it was one of the original and continuing objects of CELA when we were incorporated. 
 
A right to a healthy environment can be enacted and given effect through a number of legal vehicles - including the Canadian Environmental Protection Act (CEPA), Canada's primary legislation for dealing with toxic chemicals and national pollution issues. 
 
It has been over 20 years since the 1999 amendments to CEPA, and the most recent parliamentary review process that began in 2016 is the first real opportunity since then to make changes to longstanding issues such as environmental rights, chemicals policy, public engagement and decision making, as well as highlight the protection of vulnerable communities.
 
CELA is advocating for a number of key amendments that are vital to create greater protection for all Canadians  - we're also asking that the government release its proposed amendments to CEPA  by the end of the year.
 
To learn more about the importance of environmental rights and the need for changes to CEPA, watch the recently concluded three-part webinar series available on our website.

Your Donation Protects Our Health and Our Environment

This has been a year of profound change, and for many of us, an awakening. At CELA, we are heartened to see so many people taking action to make a difference on compelling, urgent and life changing issues.

We have much to celebrate - think about improvements in air quality, banning the cosmetic use of pesticides, the drinking water protection legacy of the Walkerton tragedy, and hundreds of other successes. But we have much more work ahead. And so, we''re asking you to take action today by making a financial contribution to our cause.

Your tax-creditable donation to the CELA Foundation will ensure that CELA can continue to provide research and educational support for environmental law reform, and legal assistance to low-income communities who are adversely - and disproportionately - affected by environmental issues.

Please don't delay. As a supporter of CELA and a friend of the environment, you are our most important line of defence for what we value and treasure. You can make the difference between health and hope, or destruction and despair.

Please, choose to make a difference today.

Update on ED-19 Landfill: Case Closed!

Since CELA''s landfill cases often take years (and even decades) to complete, there is cause for celebration whenever a landfill dispute reaches a successful conclusion from the perspective of CELA''s clients. This desirable outcome recently occurred in CELA''s case involving the controversial ED-19 Landfill in Eastern Ontario. The final step was taken when CELA, acting on behalf of local residents, withdrew an appeal to Ontario''s Environment Minister after Ministry representatives decided to wholly revoke two outdated approvals for the landfill.

We Need Our Conservation Authorities!

The Ontario government recently tabled omnibus budget measures Bill 229 earlier this month, Schedule 6 of which proposes alarming and fundamental changes to the Conservation Authorities Act and to the role of conservation authorities in land use planning.

Last week Bill 229 was fast-tracked, and expedited public hearings are taking place from November 30 - December 2. Written submissions are due by 7pm ET on Wednesday, December 2 and can be submitted online.  CELA has prepared a written submission, and we encourage you to use it to submit your own comments.

Communities around Ontario care about their conservation authorities - a recent webinar co-hosted by CELA, Environmental Defence and Ontario Nature was attended by over 1,200 people live, and has been watched by more than 860 people since.

If you haven''t already, please contact your local MPP and ask to have Schedule 6 removed from Bill 229 to protect the critical role Conservation Authorities play in our watersheds and our communities. More resources are available on CELA''s action alert.

CELA Responds to Ontario''s Proposed Project List under the Environmental Assessment Act

In November, CELA filed three submissions in relation to Ontario''s unacceptably short list of projects that will be subject to Comprehensive EAs under Part II.3 of the Environmental Assessment Act.

First, CELA and several other groups wrote to the Environment Minister to outline our concerns about the government''s inadequate public consultation on the proposed list. Second, CELA and approximately 60 residents groups, environmental organizations, law firms and First Nations jointly submitted a brief that identified serious shortcomings, evidentiary problems and significant gaps in the proposed list.

Third, CELA filed a detailed legal analysis that expanded upon these points and included a chart containing the much broader project lists which are used in other Canadian jurisdictions for triggering EA requirements.   

Proposed Exploration Permits in the Ring of Fire

In response to multiple proposed mineral exploration permits in the Ring of Fire, a joint submission by CELA has asked the Ministry of Northern Development and Mines to pause decision making and only proceed when public and Indigenous engagement can be achieved and the participatory rights set out in the Environmental Bill of Rights fulfilled. The signatories also urge the Ministry to consider the combined, cumulative effects of these proposed permits which span over 1300 claims. 

From Our Blog

• Isobel Mason, CELA Communications Intern, blogs about the distraction of alarmist warnings about shrinking landfill capacity in Ontario and the need to switch the focus from where we put garbage towards stopping generating so much of it in the first place.
   
• Senior Researcher Kathleen Cooper and communications intern, Isobel Mason blog about calls for a green and just recovery, highlighting the path forward in specific recommendations from the Green Budget Coalition.

Virtual Opportunities

Changes to CEPA to Protect Vulnerable Populations

We Need Our Conservation Authorities - Webinar Recording

CELA recently hosted a webinar in partnership with Environmental Defence and Ontario Nature about the proposed changes to the Conservation Authorities Act and to the conservation authorities' role in land use planning.  The recording is available on our website.

Final Meeting - Environmental Themes of our Times Book Club

Legal Protection Still Critical During Pandemic

Do you have a question about protecting the environment? Do you need assistance in addressing air, land or water pollution?

Please reach out!  CELA staff are continuing to provide essential legal services during the COVID-19 pandemic.  New legal inquiries can be directed to articling@cela.ca

CELA staff are committed to supporting our clients and groups, whose need is greater than ever during this time.  The impacts of the pandemic are being disproportionally felt by vulnerable commuities, who are also historically most harmed by pollution and climate change.  As a Legal Aid Clinic our top priority is to represent low income individuals and communities, and to speak out for those with less influence and who have less of a say in decision-making.  If you are in a position to support our work in this challenging time, we appreciate any and all support through the CELA Foundation.

Earth Day Turns 50... and so does CELA!

50 years ago, the legal framework that protected our air, land and water looked very different than it does today.

As CELA and Earth Day both celebrate their 50th anniversaries, it's an opportune time to reflect on the progress we have made, and to renew our energy and focus for the next 50 years.   CELA''s latest blog post looks at  all we have to celebrate from the last five decades, but reminds us of the need for ongoing vigilance and citizen action.

Photo credit: Earth from Apollo 11, NASA

COVID-19 Related Updates

Ontario Exempts Itself from Environmental Bill of Rights

In response to the government of Ontario''s announcement that it would be temporarily suspending Part II of the Environmental Bill of Rights, nearly 50 civil society and environmental organizations collectively ask Ontario to implement its COVID-19 emergency response in ways which prevent undue harm to the environment and uphold public participation rights.  

Aligning Stimulus Measures with Environmental Objectives

Read the Green Budget Coalition's April 2020 letter to Prime Minister Trudeau, in the context of the COVID-19 crisis, providing input on aligning needed stimulus measures with core environmental objectives to maximize benefits to Canadians in these unprecedented times and beyond.

Updates

LPAT Finds in Favour of CELA Client in Northwestern Ontario Gravel Pit Case

CELA''s client, the Trout Lake Campers'' Association, has successfully challenged a proposal for a gravel pit next to an inland, freshwater lake in Northwestern Ontario.  In its decision issued April 29, the Local Planning Appeal Tribunal (LPAT) found in favour of the Campers'' Association, recognizing the Lakehead Rural Planning Board had failed to appropriately consider the provisions of the provincial planning framework which promote environmental protection and consider the social impacts of competing land uses, alongside aggregate development. LPAT ordered the zoning bylaw which permitted the extractive operations to be repealed and the matter returned to the Lakehead Rural Planning Board for a new decision.

Historic Drinking Water Contamination

CELA represents clients whose drinking water wells have been subjected to historic and long-lived contamination raising serious concerns about impacts on health.  In such cases, once we accept the case based on our eligibility criteria, we can assist in evaluating the factual and legal issues raised in the matter and whether there are legal avenues to pursue. 

CELA encourages anyone with concerns about the safety of their well water to get it tested. Find a reputable lab or water well technician. Seek advice from the local health unit.  If there are concerns about bacteria, the local health unit will conduct testing free of charge and provide you with the results.  For concerns about chemical and metals contamination, homeowners must pay for their own tests.  

Good information about protecting your drinking water well is found on the website of our friends at Well Aware, run by Green Communities Canada.

Sudbury District, Northern Ontario 

Consultations regarding changes to paper recycling in Ontario do not include key environmental organizations. This letter to the Minister of the Environment, Conservation, and Parks (MOECP) asks for a meeting to discuss the changes.

Importance of Investing in Conservation Authorities

Ontario''s conservation authorities are part of the solution to reverse biodiversity loss and ensure our communities are climate resilient. We are fortunate to have already established watershed-based agencies; a model envied by other jurisdictions. Canadian Environmental Law Association and over 100 other organizations have written to the Premier of Ontario, seeking investment in maintaining conservation authorities'' functions and responsibilities, particularly regarding land use planning, environmental monitoring, stewardship and education.

Ken Reid Conservation Area.  Photo credit: Stuart Lush

Public Legal Education - Climate Change & Vulnerable Communities
CELA Executive Director Theresa McClenaghan joined a panel at the Ontario Bar Association on April 28, 2020 to speak to legal practitioners about climate change, vulnerable communities and corporate responsibility.  Theresa reviewed provincial, territorial and federal climate laws across Canada and assessed the extent to which they provide protection for vulnerable communities.  She recommended municipal action on climate to include assessment of inequitable impacts of climate change on vulnerable populations; and suggested that corporate social responsibility efforts should include explicit consideration of how their decisions are imposing extra burdens on low income and vulnerable communities.  Her presentation is available on our website.
 

Submit Your Comments on Canada''s First Small Modular Nuclear Reactor

Until June 1, the Canadia Nuclear Safety Commission will be accepting  comments on the scope of factors to be considered in the environmental assessment of Global First Power's Micro Modular Reactor. This is Canada''s first ever small modular nuclear reactor (SMR) and the only SMR design currently undergoing federal environmental assessment. Its technical characteristics are unlike any other operating nuclear reactor in Canada and given SMRs'' problematic environmental, social and economic attributes, they are not the answer or even part of the answer to climate change.  To participate, send your comments to cnsc.interventions.ccsn@canada.ca by June 1. The CNSC''s decision is expected later in June 2020. 

Photo credit: Theresa McClenaghan

CELA In The Courts

Supreme Court Re-Schedules Carbon Pricing Appeals

The Supreme Court of Canada has recently re-scheduled the much-anticipated appeals filed by Ontario and Saskatchewan regarding the constitutionality of the federal carbon pricing law.  The appeals will now be argued in September 2020, and they will be heard with a new appeal filed by British Columbia against an Alberta Court of Appeal opinion on the same topic. CELA represents two clients that are intervening in the Supreme Court appeals, and we will be advancing arguments in support of the federal legislation in this national test case. 

Ministry Grants EBR Application Filed by CELA Clients 

CELA represents two clients who are experiencing material discomfort (and interference with the normal use and enjoyment of their property) due to the discharge of contaminants from an adjacent industrial operation. To address these adverse effects, CELA filed an Application for Investigation under Part IV of the Environmental Bill of Rights on behalf of our clients. In April 2020, Ontario''s Ministry of the Environment, Conservation and Parks agreed that an investigation is warranted under the Environmental Protection Act, and it is anticipated that Ministry staff will commence the investigation and report back to our clients in due course.

On The Blog

New Rules Finalized for Pesticides in Ontario

On the Earth Day anniversary of Ontario''s ban on the cosmetic use of pesticides, CELA Researcher Kathleen Cooper blogs about recent changes to Ontario''s pesticide rules, including good news and bad news. 

Nurdle Alert: Plastics Spill Sweeping Lake Superior

CELA summer student Petri Bailey blogs about the scourge of plastic "nurdles" in Lake Superior, their source, cleanup efforts, and possible legal recourse.

Faces of CELA: Petri Bailey

CELA is pleased to introduce Petri Bailey as our newest summer student

What is your role and how long have you been involved with CELA?

I began volunteering as a pro bono student with CELA in the fall of 2019. This year, I researched a train derailment which left millions of plastic pellets drifting across Lake Superior. I looked at how polluters can be held accountable for spills, and the policy changes Canada should explore with respect to single-use plastics. [Read more]

Upcoming Events

Great Lakes Lessons from the Past Webinar
Wednesday May 6, 12:30pm-2:00pm EST
(Note - new date)

Registration is required.

Hosted by Great Lakes advocates from the 1980's and 1990's, this webinar will look at key principles, organizing approaches and learnings from past Great Lakes advocacy for PFAS campaigns today.  As busy environmental activists, we all appreciate an opportunity to learn from past efforts and not reinvent the wheel. Presenters John Jackson, Tim Eder, Joyce McLean and Jane Elder will share engaging and relevant stories and photos of past work on toxic chemicals that will illustrate how current Great Lakes advocates can learn from the past.

Full details on our website; register now to reserve your spot!

Photo credit: Theresa McClenaghan

Engaging with Indigenous Communities - A 3-part Webinar Series

CELA is hosting a 3-part webinar series with Gary Pritchard, Manager of Environment and Climate Change with Cambium Aboriginal, talking about how to work effectively and meaningfully with Indigenous communities.  Full details about each webinar are on our website; register now to save your spot!

How To Work With Indigenous Peoples
Thursday April 30, 1:00pm-2:00pm EST

Achieving Effective and Meaningful Engagement with Indigenous Communities
Thursday May 7, 1:00pm-2:00pm EST

Treaties 101
Thursday May 14, 1:00pm-2:00pm EST

Canadian Water Policy 101
Thursday May 7, 11:00am-12:00pm ET

CELA Special Projects Counsel Healthy Great Lakes Anastasia Lintner will be presenting a webinar talking about the water policy framework in Canada.

Registration is not required for this meeting.  Join by clicking here or calling (647) 558-0588.  The meeting ID is 261 486 690.

One Earth One Voice -
Take Action for a Green and Just Recovery

Right now the federal government is deciding on economic stimulus measures to recover from the impacts of COVID-19.  We have a once-in-a-generation chance to get this right. Canada must make investments that will move  towards a stronger, equitable, and more sustainable society - through a Green and Just Recovery.

This means, above all, investing in a society that places people's health and the well-being of natural ecosystems that sustain all species, above corporate profits. That means that any investments made cannot set environmental progress back, undermine environmental justice, or be incompatible with Canada's environmental commitments. Please Take Action Now.

Supporting the Next Generation of
Environmental Lawyers

At CELA, we place a tremendous value on building the capacity of the environmental and social justice community by training and mentoring young lawyers.  CELA employs an articling student every year, whose focus is on administrative and environmental law.  We also seek out opportunities to partner with organizations or academic institutions that can support student placements, and we welcome volunteers where our capacity allows.

This past year, CELA was very fortunate to work with almost a dozen talented students from the legal and communications professions.  Their range of talents and expertise have been integral to CELA''s work, and we''re proud to feature a selection of work in this month''s Bulletin.

CELA''s articling student program is supported by the Canadian Environmental Law Foundation.  Donations in support of this program are appreciated.

Christine Persad, Yvonne Mazurak and Julie Mutis

In the fall of 2019, CELA, with the support of then law students Christina Persad and Yvonne Mazurak, released a report addressing the issue of lead contamination in Ontario''s drinking water. The report calls on the Ontario government to take a multi-pronged approach to the issue, and makes several specific recommendations, including legislative changes to require replacement of a minimum of 75% of municipal lead service lines to homes within 3-5 years.

CELA's report contributed to the Canada-wide investigation by the Canadian Institute for Investigative Journalism. The Tainted Water series made headlines across the country and highlighted the inadequacies in lead testing and mitigation that continue to put Canadians at risk to the long-term health impacts of lead exposure. Julie Mutis is one of the writers who contributed to the award-winning series. 

CELA is working to keep momentum of public awareness going by educating people on how they can limit their exposure and pushing for regulatory changes that will put the country on track for a lead-free future. Christina, Yvonne, and Julie returned to CELA this summer to help contribute to those efforts. 

Photo of the Month Contest! 

Updates

CELA Goes to Court over Ontario Bill 197
In the wake of the passage of Ontario''s controversial Bill 197 last month, CELA is now representing five clients in a judicial review application that asks the Divisional Court to issue declaratory relief and other remedies in relation to the omnibus legislation, which overhauls the Environmental Assessment Act and amends other provincial laws. The Application was commenced by Earthroots; Canadian Environmental Law Association; Ontario Nature; Cooper Price, a 16-year old activist with Fridays For Future Toronto/Climate Strike Canada; and Michel Koostachin, who was born and raised in Attawapiskat. 

The grounds for the judicial review application are that Bill 197 was enacted in a manner that failed to comply with the public notice/comment requirements of Ontario''s Environmental Bill of Rights, and that Bill 197 is inconsistent with international law conventions, principles and norms on environmental assessment, public participation, and human rights applicable in Ontario. The notice of application was filed on August 20th.

In response to a range of new exemption and policies to "modernize" Ontario's Environmental Assessment process, CELA recently provided comments noting that the proposals, collectively and individually, undermine the environmental assessment program's purpose, scope, and efficacy.

CELA recommends that the government immediately halt the reforms, and in their place initiate a robust, meaningful, transparent, and accountable public consultation process aimed at what we all want - a rigorous, efficient and effective environmental assessment program for Ontario, based on 21st century principles and best practices. CELA also provided comments to the changes proposed for projects in parks and conservation reserves.

Good News for Friends of Simcoe Forests
The Minister of Municipal Affairs and Housing has confirmed that minister's zoning orders will not be granted to projects going through the Local Planning Appeal Tribunal process, including the waste facility that was to be located within the Freele County Forest. 

Canada''s First Small Modular Nuclear Reactor Proceeds to Next Step in EA Process 

We continue to address Canada's first ever federal environmental assessment (EA) of a small modular nuclear reactor (SMR). In CELA's view, this an inappropriate and  ill-advised "solution" to climate change. In a disappointing Canadian Nuclear Safety Commission decision released in July, many critical issues raised by CELA were not addressed.

In adopting what CELA and many other intervenors viewed as a deficient scope of factors set out by CNSC Staff, the Commission did not provide due regard for the novelty of the reactor design and its unique risks. In our view, the EA should consider the on-site and off-site impacts of SMRs in mine sites, and in off-grid, remote First Nation communities throughout Canada, particularly because this project serves as a demonstration project for future SMR use. The proponents draft Environmental Impact Statement is anticipated in the Spring of 2021. 

In a recent blog post, CELA researcher and paralegal F? de Leon and Olga Speranskaya from HEJSupport, outline recent activity by CELA and the NGO community in response to governments'' initiatives to plastic waste and other materials collected for recycling.  The core principle in these submissions is that extended producer responsibility and toxic free circular economy are key to design innovation.

A Host of Great Virtual Opportunities!

Environmental Themes of Our Times - Virtual Book Club

CELA''s March Bulletin

Message from CELA's Executive Director

In light of the Covid-19 pandemic, CELA trusts that our client communities and all other Canadians are staying safe and taking all necessary precautions.

During this time, CELA has moved to remote services.  All services are continuing, but in person meetings and events are either rescheduled or moved to remote and on-line alternatives.  CELA staff will be continuing with assisting clients to prepare their cases, providing advice, and providing a number of public legal education webinars on issues of most relevance to our client communities. 

Our staff are also reaching out in their communities as we all respond to the current situation and help each other through it.  The adjustments are unprecedented, but I am proud of how our team is pulling together in this challenging time.  

During the pandemic, courts and tribunals in Ontario and across Canada have indefinitely adjourned hearings that were scheduled to commence in late March. For example, CELA represents clients in the carbon pricing appeals that were to be heard by the Supreme Court of Canada on March 24th and 25th, but the Court recently adjourned the case until June 2020. Similarly, CELA clients are involved in a quarry case under the Aggregate Resources Act that was slated to start on March 31st, but Ontario''s Local Planning Appeal Tribunal cancelled the public hearing and will reschedule it in the future.  We will keep readers apprised of further developments in these and other CELA cases.

We hope that all of you are well in these challenging times.

-Theresa McClenaghan, Executive Director

Photo credit: Kathleen Cooper

The Federal Role in Carbon Pricing

An Argument in Favour of the Greenhouse Gas Pollution Pricing Act as a Valid Exercise of Canadian Federal Constitutional Jurisdiction
CELA''s Executive Director, Theresa McClenaghan, recently participated in a debate as part of the 2020 Law and Freedom Runnymede Society Conference, arguing in favour of Federal constitutional jurisdiction over the Greenhouse Gas Pollution Pricing Act.  Her remarks form the basis of a compelling new blog post.

Updates

Great Lakes Action Plan 2030
Action Plan 2020-2030 for the Future of the St Lawrence was released earlier this month by the Great Lakes and St Lawrence Collaborative. CELA''s Executive Director Theresa McClenaghan was on the expert panel for the report, which calls for an investment of $100 million per year over 10 years by the Federal Government to better protect the Saint-Laurent region, its quality of water and the health of its residents from the impacts of climate change and toxic substances.

Great Lakes in Sun Glint Photo: NASA

Ontario Refuses to Extend Coverage of Clean Water Act

Pursuant to the Environmental Bill of Rights, CELA recently filed an Application for Review that requested the Ontario government to extend the application of the Clean Water Act (CWA) to drinking water sources used by certain non-municipal systems (e.g. private well clusters, First Nations communities, etc.). To date, the application of the CWA has generally been limited to municipal drinking water systems (in defined source protection areas or regions) that serve about 80% of Ontario''s population. Unfortunately, the province''s approach means that approximately 2 million Ontarians who depend on non-municipal drinking water systems are not safeguarded by the protective provisions of the CWA. 

This inequitable situation has prompted criticism from the Auditor General of Ontario and the Environmental Commissioner of Ontario. Nevertheless, the Environment Ministry has recently advised CELA that it would not conduct the requested review of the CWA. In response, CELA has prepared a blog post and a rebuttal letter which explain why the Ministry''s intransigence leaves public health at risk from waterborne contamination.

CELA Intervenes in Important Constitutional Case

On behalf of three clients, CELA lawyers have obtained judicial permission to intervene in an important court reference that will determine whether Parliament has any constitutional authority to enact the Impact Assessment Act (IAA). Enacted in 2019, the IAA applies to various types of designated projects that occur across Canada, including environmentally significant facilities or activities proposed in Ontario (e.g. large mines, radioactive waste dumps, etc.). However, the Alberta government has asked the province''s Court of Appeal to determine whether the IAA and its implementing regulations are unconstitutional. More information about this case (and its implications for CELA clients and Ontarians at large) are discussed by Richard Lindgren in a new blog post.

Low-Income Energy Network seeking help for electricity costs during COVID-19 shutdown
 
The Low-Income Energy Network reports that the Ontario Energy Board (OEB) and the Government of Ontario are taking important steps during the COVID-19 crisis that will be of particular help to Ontarians on low income. The OEB has extended the provincially-mandated moratorium on residential disconnection for non-payment until July 31, 2020.  They are also extending the disconnection ban to include all other low-volume customers, such as small business customers for reason of non-payment until  July 31, 2020.  In addition, the OEB is calling on distributors to be more flexible on arrears payment arrangements.
 
The Government of Ontario is suspending time-of-use electricity rates for a 45-day period, holding electricity prices to the off-peak rate of 10.1 cents-per-kilowatt-hour.

Uranium Processing Plant Relicensing Hearing

Earlier this month, CELA's Kerrie Blaise and Morten Siersbaek appeared before the Canadian Nuclear Safety Commission on behalf of our client, the Citizens Against Radioactive Neighbourhoods (CARN) arguing against the renewal of a uranium processing facility's operating licence. CARN, a Peterborough-based nonprofit organization, was formed in order to raise awareness about nuclear facilities and advocate for more stringent human health and environmental safeguards.
 
Uranium fuel manufacturer BWXT Nuclear Energy Canada Inc. had requested a 10-year licence renewal from the CNSC and permission to shift uranium fuel pelleting operations from their Toronto facility to Peterborough.  CARN, joined by experts Dr. Tanya Markvart and Dr. Gordon Edwards, asked the CNSC to deny the proponent's request on the basis that they insufficiently considered sustainability and adverse impacts on human health and vulnerable populations in their licence application.

CELA's submission on behalf of CARN as well as the expert reports can be found online. Next month, CELA's bulletin will profile some of the hundreds of written and oral interventions submitted by CARN's members to the Commission and reflect upon the responses received from the Commission during the hearing. 

Case Update: The Proposed Southwestern Landfill

For years, CELA has represented Oxford People Against the Landfill (OPAL) Alliance, which is a citizens'' group opposed to the construction of a new mega-landfill on quarry lands in Oxford County. Local municipalities and other stakeholders also oppose the proposed landfill.   In March 2020, the landfill proponent web-posted and invited comments on its draft environmental assessment (EA) until mid-June. CELA looks forward to working with OPAL and its experts in evaluating the adequacy of the proponent''s EA documentation, particularly in relation to impacts to groundwater, surface water, air quality and public health.

CELA Comments on Transit Planning Reforms in Ontario

To expedite four public transit projects in the Greater Toronto Area, the Ontario government is proposing new legislation (Bill 171) and revised regulations under the Environmental Assessment Act (EAA). Given the environmental and socio-economic benefits of well-designed transit systems, CELA has long supported a streamlined planning process for such projects. However, CELA has identified various shortcomings in Ontario''s proposed legislative and regulatory changes, and submitted a brief to the provincial government that contains recommendations for improving Bill 171 and the draft EAA regulations.

Upcoming Events

Great Lakes Lessons from the Past Webinar
Wednesday April 8, 12:30pm-2:00pm EST
Registration is required.

Hosted by Great Lakes advocates from the 1980's and 1990's, this webinar will look at key principles, organizing approaches and learnings from past Great Lakes advocacy for PFAS campaigns today.  As busy environmental activists, we all appreciate an opportunity to learn from past efforts and not reinvent the wheel. Presenters John Jackson, Tim Eder, Joyce McLean and Paul Muldoon will share engaging and relevant stories and photos of past work on toxic chemicals that will illustrate how current Great Lakes advocates can learn from the past.

Full details on our website; register now to reserve your spot!

Photo credit: Anastasia Lintner

Engaging with Indigenous Communities - A 3-part Webinar Series

CELA is hosting a 3-part webinar series with Gary Pritchard, Manager of Environment and Climate Change with Cambium Aboriginal, talking about how to work effectively and meaningfully with Indigenous communities.  Full details about each webinar are on our website; register now to save your spot!

How To Work With Indigenous Peoples
Thursday April 30, 1:00pm-2:00pm EST

Achieving Effective and Meaningful Engagement with Indigenous Communities
Thursday May 7, 1:00pm-2:00pm EST

Treaties 101
Thursday May 14, 1:00pm-2:00pm EST

Canadian Water Policy 101
Thursday May 7, 11:00am-12:00pm ET
(Note - new date)

CELA Special Projects Counsel Healthy Great Lakes Anastasia Lintner will be presenting a webinar talking about the water policy framework in Canada.

Registration is not required for this meeting.  Join by clicking here or calling (647) 558-0588.  The meeting ID is 261 486 690.

On The Blog

Concern Over the Environmental Cost of Ontario''s
post-COVID Economic Recovery Bill 

In a massive piece of legislation passed last week as Bill 197, the Ontario government made changes to over 11 different laws, many of them directly affecting the health of our communities and environment.

While the stated intent of the bill was a pandemic economic recovery, it largely ignored worldwide calls for a green and just recovery.

Instead, the bill included a smorgasbord of environmental deregulation.  CELA issued a media release (and associated backgrounder) outlining concerns.

Legal staff at CELA completed preliminary analysis of many aspects of the large and complex bill, but the expedited timeline did not allow for submission of full comments.  The resources our legal team developed are all available on our website:

• Blog - EA is Not Red Tape: The Case against Ontario Bill 197
• Preliminary analysis of Schedule 6: Proposed Amendments to the Environmental Assessment Act
• Preliminary Analysis of Schedule 4: Proposed Amendments to the Drainage Act
• Preliminary Analysis of Schedule 13: Proposed Amendments to the Occupational Health and Safety Act

Additionally, CELA filed a joint letter with 12 environmental groups to Ontario''s Environment Minister to raise concerns about the lack of public notice in relation to the proposed changes to the Environmental Assessment Act.  

CELA in the Courts -
An Impressive Track Record Continues

Authored by Krystal-Anne Roussel, Student-at-law

I'm excited to be joining CELA during this 50th anniversary year and to have the opportunity to help continue CELA's exceptional client representation. CELA's casework has contributed to some of the most important legal precedents in Canadian environmental litigation.

For 50 years CELA's casework has been instrumental in protecting low-income and vulnerable communities including protecting drinking water, preventing air pollution, opposing environmentally destructive land use decisions, and preserving key statutory and public participation rights.

This casework has taken different forms in trial and appellate courts as well as environmental tribunals, and has included: judicial review applications, interventions, statutory appeals, civil actions, constitutional references, public inquiries, private prosecutions, and administrative hearings under federal and provincial law. [Read the full post here]

Photo of the Month Contest! 

Updates

Proposed Changes to Water-Taking Framework in Ontario
CELA provided comments on the Ministry of Environment, Conservation and Parks'' proposed regulatory changes for managing water-takings in Ontario.  The proposal is to amend the Water Taking and Transfer Regulation to establish clear priorities on water uses, provide the Ministry with authority to manage water-takings on an area basis, improve public access to monitoring data and provide municipalities with an opportunity to have input into new and expanded water takings over 379,000 litres per day. The proposed changes, if implemented, would significantly improve the management of water quantity in the province.

Kebaowek First Nation: Pipeline Assessment and Indigenous Jurisdiction

In a precedent-setting case under Canada''s new Impact Assessment Act (IAA), CELA has been retained by Kebaowek First Nation in relation to a multi-jurisdictional impact assessment of a proposed 780 km natural gas pipeline that stretches from northeastern Ontario to southern Quebec.

The pipeline route crosses the unceded, inherent and Aboriginal rights and title territory of our client and other Algonquin First Nations. During the planning phase of the impact assessment, CELA made submissions to various federal authorities, and requested the immediate passage of a regulation that deems and empowers Kebaowek First Nation as a "jurisdiction" under the IAA. 

Exemption of Forestry from the Environmental Assessment Act Sets a Bad Precedent

Lack of Progress on Chemicals of Mutual Concern

Roller Coaster:  Michigan''s Long History with Environmental Contamination  

Faces of CELA - Amanda Montgomery

I started as the articling student at CELA in July 2019 and will be staying on at CELA as part-time counsel until October 2020. But I have been orbiting CELA for about 20 years: I have taken courses with Paul Muldoon and David Estrin, and worked with former CELA articling students. 

[Read the rest of Amanda''s profile here]

A Host of Great Virtual Opportunities!

Indoor Use of Pesticides - Backgrounder on Differences in Risks, Regulation and Necessary Precautions
We've added a backgrounder to provide additional and referenced detail to last month's webinar about this topic explaining the uniqueness of indoor exposure to pesticides, reasons for greater exposure under low income circumstances, toxicity concerns, and a detailed look at differences in, and implications of, how pesticides used indoors are regulated.  

CELA''s February Bulletin

Join Us in Celebrating 50 Years of Environmental Protection!

SAVE THE DATE!
When: Wednesday December 2, 6:00pm-9:00pm
Where: Northern Maverick Brewery - 115 Bathurst Street, Toronto, ON

For more than 50 years, CELA has been on the front lines, fighting to make our environment cleaner, healthier and safer for everyone.  We need your support to continue this work for another 50 years.

Click here for more details and to download the event brochure. 

For information regarding sponsorship opportunities and donations, please contact Theresa McClenaghan, Executive Director.

Stay tuned for information about purchasing tickets!

Take Action

ACTION ALERT - Conservation Authorities Act at Risk

The Ontario government has recently released an online survey seeking input on the role of Conservation Authorities with a response deadline of March 13, 2020. Now is the time for increased public investment in the province''s conservation authorities; not to limit their scope.  For more information about the current consultation process and helpful information for filling out the survey, read CELA''s full blog post.
 

CONTACT YOUR MP - Tell the Federal Government to Fund Climate Action and Nature in Budget 2020

We face a climate emergency and biodiversity crisis. Canadians are already experiencing floods, fires, and ecological disruption. As our planet continues to warm, our collective well-being is deeply under threat. There is still time to chart a course to a safe future for all - but we won't be able to stop this crisis without federal investments in climate action, nature conservation and biodiversity protection.

The government needs to commit sufficient funding in the upcoming federal budget, or risk losing critical time in the race for our planet's health. You can help. Contact your MP and ask that the federal government put money where our priorities are - by funding climate action and nature.  More details in the Green Budget Coalition Recommendations for Budget 2020 are available here. 
 

Deep Dive - Impacts of Air Quality on Your Health

Outdoor Air Quality

CELA''s work to ensure high standards for air quality focuses on protecting low-income communities from coming into contact with air pollution.  A variety of systemic conditions including economic and legal constraints, location of industrial polluters and lack of access to knowledge prevent those living on low income from attaining environmental justice.

Photo credit needed - from folder "annual report photos - various years"

Deep Dive - CELA''s Work in Northern Ontario

Northern Services Project Brings Community Concerns to Ottawa

In 2018, CELA began consulting with communities, community groups and existing legal clinics in Northern Ontario as part of a Northern Services pilot project to see if there was a need for specialty environmental legal services in the region. The answer, according to Northern Services Counsel Kerrie Blaise, was "a resounding yes."

Read the full blog post here.

Photo credit: Kerrie Blaise

Upcoming Events

Debate: Is the Carbon Tax Unconstitutional
Saturday February 29, 3:45pm EST

February 28-29 Law and Freedom Runnymede Society Conference 2020 will include multiple speakers on various topics.

On Saturday February 29th at 3:45 P.M. CELA's Executive Director Theresa McClenaghan will participate in the Debate: Is the Carbon Tax Unconstitutional? Fellow panelists include Aaron Wudrick, Dwight Newman, and Elizabeth May.

Location: Hart House, University of Toronto. Download full schedule here: 2020-schedule.

Public Legal Education Event
Wednesday March 25, 12:00pm EST

CELA is co-hosting a public legal education event with EnvironmentNorth.  Speakers include Adam De Luca talking about nuclear storage in Northern Ontario, and Petri Bailey on plastic pollution in Lake Superior. 

Great Lakes Lessons from the Past Webinar
Wednesday April 8, 12:30pm-2:00pm EST
Registration is required.

CELA will be hosting a webinar with presenters John Jackson, Tim Eder, Joyce McLean and Paul Muldoon, discussing how current Great Lakes advocates can learn from past efforts.  More details coming soon; register now to reserve your spot!

Engaging with Indigenous Communities - A 3-part Webinar Series

CELA is hosting a 3-part webinar series with Gary Pritchard, Manager of Environment and Climate Change with Cambium Aboriginal, talking about how to work effectively and meaningfully with Indigenous communities.  Full details about each webinar are on our website; register now to save your spot!

How To Work With Indigenous Peoples
Thursday April 30, 1:00pm-2:00pm EST

Achieving Effective and Meaningful Engagement with Indigenous Communities
Thursday May 7, 1:00pm-2:00pm EST

Treaties 101
Thursday May 14, 1:00pm-2:00pm EST

Canadian Policy 101
Thursday April 9, 10:00am-11:00am EST

CELA Special Projects Counsel Healthy Great Lakes Anastasia Lintner will be presenting a webinar talking about the water policy framework in Canada.

Registration is not required for this meeting.  Join by clicking here or calling (647) 558-0588.  The meeting ID is 261 486 690.

Series of Webinars on Toxics

As part of CELA's work to protect human health and the environment from toxic chemicals through a preventive strategy, CELA hosted 3 webinars on a variety of topics relating to management of chemicals in Canada.  All the recordings are now available on our website.
The Growing Threat of PFAS, the Forever Chemicals
Informed Substitution of Toxic Chemicals
Where Science Meets the Law

On The Blog

Faces of CELA - A Conversation with Rachel Arsenault

What is your role and how long have you been involved with CELA?

CELA contacted me in the summer of 2019 and asked me to be a part of their healthy Great Lakes initiative. My Masters research focused on water insecurity in First Nations and the impacts of the First Nation water crisis on communities. There are many First Nations located along the shores of the Great Lakes, and the community I'm from, Wiikwemkoong, is part of Manitoulin Island which situated in the northeast part of Lake Huron. My role is to provide advice and guidance to CELA based on my experiences and knowledge as an Anishinabek Kwe. 

Read the rest of our conversation with Rachel on our blog.

Walkerton''s Drinking Water Protection Legacy

Concerned Walkerton Citizens spokesperson Bruce Davidson at the memorial plaque at Well 5 in Walkerton on the 20th anniversary of the Walkerton tragedy. 
Photo Credit: Veronica Davidson

In May of 2000, the water supply in the town of Walkerton, Ontario was contaminated with E. coli. As a result, seven people lost their lives, thousands became ill and many live with lasting complications to this day. 

The tragedy was a wake up call for Canadian citizens and leaders. The municipal tap water that everyone assumed was safe without a second thought had become contaminated and Ontarians could no longer take drinking water for granted.

What followed the tragedy in Walkerton was a provincial inquiry in two parts: the first focusing on the cause of the contamination in Walkerton, and the second focusing on the state of drinking water protection in Ontario. 

CELA was involved in the process from start to finish, working with the community, government and experts to not only determine how Walkerton's water was contaminated, but to develop a system to ensure that no other community would have to experience the same thing. 

The inquiry and the report it generated resulted in an overhaul of Ontario's drinking water regulations and was the foundation for the province's Safe Drinking Water Act.

Now 20 years later, the CELA team and their partners are revisiting their time working on the Walkerton case in an effort to document an important piece of Canadian environmental history. A new CELA video interview series examines the continuing legacy of the Walkerton Inquiry and serves as a reminder of the need for constant vigilance in the protection of the environment and human health. 

Read the full blog post about the Walkerton Drinking Water Protection Legacy, by communictions intern Julie Mutis.

The Walkerton inquiry and the report it generated resulted in an overhaul of Ontario's drinking water regulations and was the foundation for the province's Safe Drinking Water Act.  Check out these detailed casework pages to learn more about Ontario''s Safe Drinking Water Act and Clean Water Act.

COVID-19 Related Updates

Legal Clinics Continue Important Work in Trying Times

As legal aid clinics, we advocate for inclusion, not exclusion, and for justice, not charity. We live in a very unequal society, increasingly recognized and brought into sharp relief by the pandemic. We are raising our voices to ensure that senior governments know about the impacts of their decisions on our clients. Eternal vigilance is our work. Seeing impacts of our current societal arrangements on our clients gives rise to the systemic work that we do, to make those arrangements more just and equitable. 

Read the rest of our guest blog post by Marion Overholt, Executive Director of Legal Assistance of Windsor.  

Letters to the PM

Hold Strong on Environmental Laws during Pandemic: CELA and 15 other organizations have written a letter to the Prime Minister urging the government to resist pressure to weaken or delay the implementation of federal environmental laws during the COVID-19 pandemic. 

Natural Infrastructure is an Integral Part of a Green Recovery: 42 groups came together to encourage Prime Minister Trudeau and key federal ministers to invest in natural infrastructure as a part of Canada's COVID-19 recovery plan. In an open letter, the groups provide detailed recommendations for investment in natural infrastructure as an integral part of Canada's economic recovery from the COVID crisis and its long-term resilience against the impending climate emergency.

Need for Suspension of Timelines under Impact Assessment Act

CELA Counsel Richard Lindgren and nine other organizations wrote to the Federal Minister of Environment and Climate Change to ask that time limits for impact assessments under the Impact Assessment Act be suspended due to limitations and restrictions in place during the COVID-19 pandemic that constrain public engagement, data gathering, and analysis.

Photo Credit: Rick Lindgren

A Post-Pandemic Planet

A large ozone hole has closed, lagoons are crystal clear in Venice and the Himalayas are visible for the first time in decades. So should we be celebrating? CELA''s Special Counsel for CELA''s Healthy Great Lakes program, Anastasia Lintner, spoke with Candace Sampson on her podcast "What She Said!" about the pandemic and our planet. 

Anastasia also recently co-presented in a webinar with Environmental Defence as part of their Recovery Series, talking about threats and opportunities for the Great Lakes post-pandemic.  

Student Updates

CELA is excited to welcome a host of talented and dedicated students for the spring and summer of 2020.  They bring a range of experience, from first year law students, to articling students, to recent graduates.  

Michelle LaFortune is featured in this month''s "Faces of CELA" post, and Taraneh  Ashrafi penned a blog post about her experiences of COVID-19 through the eyes of a legal intern.

CELA is pleased to announce that our student-at-law Amanda Montgomery and former CELA law student Christina Persad have completed their articles of clerkship and are being called to the Ontario bar. Congratulations and best wishes to Amanda and Christina, and we hope that both of you enjoy long, successful and rewarding legal careers!

Updates

Proposed Reforms Favour Ontario Pit and Quarry Operators

CELA filed a letter with the Ministry of Natural Resources and Forestry to express concern about proposed changes to Ontario Regulation 244/97 and Provincial Standards under the Aggregate Resources Act (ERO# 019-1303). The CELA letter concludes that the industry-friendly reforms are inadequate for the purposes of protecting the environment and public health and safety, and will likely expedite the proliferation of new or expanded pits and quarries across the province.

Canada Needs a National Radioactive Waste Policy

CELA and the members of Nuclear Waste Watch penned a letter and media release, and over 100 groups signed on, urging suspension of decisions involving radioactive waste after the International Atomic Energy Agency found Canada's nuclear waste policy deficient.

The international review stated that Canada needs an updated radioactive waste policy, which the Canadian government has agreed to develop.  This is needed before any further decisions are made on proposed radioactive waste projects.

EPA Proposal Would Allow Officials to Choose what Science to Consider 

Photo Credit: Rick Lindgren

Conservation Authorities Play a Critical Role in Ontario
CELA joined over 100 other organizations from a number of sectors to call on the Government of Ontario to retain the current mandate of the province's 36 Conservation Authorities in protecting, restoring and managing the watersheds where 95 percent of Ontarians reside.

CELA and HEJSupport congratulate Canada on the decision to withdraw its exemption on recycling articles that include four fire retardant polybrominated diphenyl ethers (PBDEs).  These highly toxic chemicals are associated with several cancers, endocrine disruption, and are known to disrupt nervous system development adversely affecting brain development, intelligence and behaviour.

CELA In The Courts

CELA Quarry Case Comes to a Close

For several years, CELA has represented a residents'' group in relation to a proposed quarry beside the Magnetawan River near Emsdale, Ontario. Concerned about potential water impacts and public safety risks, CELA''s client intervened as a party in proceedings before the Local Planning Appeal Tribunal under the Planning Act and Aggregate Resources Act. However, the proponent has decided to discontinue this project, and the Tribunal recently closed its hearing file.

CELA''s Longest Landfill Case: 21 Years and Counting

Since 1999, CELA has represented a citizens'' group in Tyendinaga Township that has been battling on two main fronts: (a) addressing groundwater impacts from a closed mega-landfill in southeastern Ontario; and (b) stopping the proponent''s proposal to construct a new mega-landfill on adjacent lands.

Working closely with the Mohawks of the Bay of Quinte (whose territory is downstream of the landfill property), CELA''s client has used judicial and administrative proceedings to seek environmental justice, safeguard water resources, and protect public health.  Unfortunately, it appears that this case will continue to drag on since the proponent has not withdrawn its proposal for the new landfill, and has recently applied for approval to modify the leachate storage system and related infrastructure at the closed landfill.

Photo Credit: Rick Lindgren

Friends of Simcoe Forest Update

Friends of Simcoe Forests Inc. (FSF) has sent a letter to the Minister of Municipal Affairs and Housing voicing concern about the County of Simcoe's recent request for a zoning order for a proposed waste facility. The waste facility is proposed to be located within the Freele County Forest, which is subject to the Growth Plan for the Greater Golden Horseshoe.  FSF has appealed the proposal to establish the waste facility to the Local Planning Appeal Tribunal. If issued, the zoning will terminate the hearing before the tribunal and prevent FSF from making its case.  Numerous residents and environmental groups have also written to the Minister expressing serious concern with the County's request. Ontario Nature sent out an Action Alert regarding the recent increase in the use of zoning orders by the province. 

A Host of Great Virtual Opportunities!

WORKING WITH INDIGENOUS COMMUNITIES - NEW SESSION!
Thursday, June 4 at 2pm
Our recent "Working with Indigenous Communities" series featured three informative and insightful conversations with Cambium Aboriginal''s Gary Pritchard.  Recordings from these sessions are available on our website.  Gary is offering a fourth session on Thursday, June 4 at 2pm, talking about Indigenous and municipal relationships.  Registration is required.

PESTICIDES INDOORS - DIFFERENCES IN RISK, REGULATIONS, AND NECESSARY PRECAUTIONS
Tuesday, June 16 at 2:00pm
All pesticide use carries risk but important differences exist in how pesticides behave indoors and in how they are regulated. Choices exist for lower risk alternatives alongside prevention. CELA's Senior Researcher, Kathleen Cooper, and Dr. Meg Sears President of Prevent Cancer Now, will explain in this webinar, hosted by the Canadian Association of Physicians for the Environment (CAPE).  Register here.

GREAT LAKES LESSONS - RECORDING AVAILABLE
Over 200 people enjoyed presentations from passionate and knowledgeable Great Lakes advocates, talking about their advocacy work in the 80''s and 90''s, and lessons learned for today''s work on legacy chemicals such as PFAs.  The recording is available here.

BOOK CLUB! 
Tuesday, June 16 at 7:00pm
CELA and the CELA Foundation are launching an "environmental themes of our times" bookclub. Join our virtual gatherings for a chance to delve into classic and contemporary works of fiction that cast a new light on topics we grapple with daily. The first selection is Henrik Ibsen's classic play, An Enemy of the People. This play has new relevance today in the context of the pandemic, and is a classic on the theme of speaking out on unpopular or inconvenient truths. 

VIRTUAL PANEL DISCUSSION
CELA has been invited and will be participating in the June 5 United Nations Convention to Combat Desertification - Capacity Development and Innovations Office first virtual panel discussion on the topic of  "Is poverty necessary in the world to mitigate climate change?" We will live-tweet from the event which you can follow on  #UNCCDPanel2020 as of 8 am EST.

CANADIAN POLICY 101 - RECORDING AVAILABLE
Anastasia Lintner, Special Counsel for CELA''s Healthy Great Lakes program, spoke to the Great Lakes Network about how a policy becomes a federal law in Canada.  The slideshow for her presentation is available here.  (Our apologies to those who missed the original session; we made an error in some of the outreach material.)

SUSTAINABILITY IN PRACTICE - UPCOMING
July 7, 2020, 9:00-11:30 a.m.
Northern Services Counsel Kerrie Blaise will be speaking at a Professional Geoscientists Ontario virtual symposium in July, looking at what sustainability means in the context of project planning and public consultation.  Her presentation will review key principles of international environmental law and review their applicability within a Canadian context. Drawing on our history of working with citizens'' groups and advocating for greater public participation in decision-making, CELA will also share legal tools and policies which can advance a project''s social acceptance, or ''social license'' to operate.