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What is Environmental Law?

Best Environmental lawyers in Canada as ranked by Lexpert

The practice area of Environmental Lawyers is generally understood to include advice in the context of acquisitions and property transactions, financings, contaminated land, land use planning and environmental regulation, audits, impact assessments, landfill, waste disposal, water treatment, sewage, noise, air and water pollution, agricultural pollution, industrial pollution, integrated pollution control, environmental management systems, regulatory compliance in manufacturing, plaintiff's litigation, defence work in environmental litigation/prosecutions, environmental insurance cover and liability and disaster and crisis management.

 

Environmental law is the branch of law which deals with the relationship of a government, its citizens, and the environment and natural resources of the country. It is concerned with the different aspects of environmental protection, such as the protection of biodiversity, ensuring air and water quality, mitigation of climate change, mining of high-valued minerals, regulation of hazardous wastes and toxic substances, and management of natural resources utilisation, such as water, land, and forest resources.

 

Other practice areas environmental law crosses over with

It mostly overlaps with energy law and Indigenous Peoples law, especially when the activity of the former threatens or actually violates the rights of the latter; in here, environmental law provides for another layer of rights and protection for either of the parties in a case.

 

To enforce said rights and protections accorded to certain sectors of society, environmental law may be a mixture of both civil, common, and criminal law.

 

Note that the Lexpert directory has separate sections for:

  • Energy lawyers - electricity
  • Energy lawyers - oil and gas
  • Aboriginal law lawyers
  • Corporate lawyers

 

What is the purpose of environmental law?

While harvesting and utilisation of natural resources is a large source of revenue for both the public and the private sectors, these are admittedly limited within a given country, save for those which are renewable resources. As such, these natural resources must be regulated in order to be maximised for the benefit of most, if not all, stakeholders.

 

Furthermore, environmental law is necessary for the sustainable development of a country – to ensure that there would be enough natural resources to sustain the present needs, and at the same time to preserve these for the future generations.

 

With the complications that environmental law may touch on, environmental lawyers are not only knowledgeable on environmental law per se, but also with the other fields of law, such as corporate law and energy law when dealing with large energy companies or corporations, Indigenous Peoples law when representing them in various circumstances, with background on political and Constitutional law which are the basis of these laws.

 

What do environmental lawyers do?

The work of environmental lawyers or environmental law firms may be considered as both transactional and litigious and is either proactive or reactive depending on the current situation.

 

Behind the courts, environmental lawyers, who may also be corporate lawyers, help craft policies and procedures which are attuned with the environmental laws applicable to their clients’ endeavours. They also assist in environmental assessments, whenever necessary, before a corporate project may be commenced. They also help in educating the public about environmental issues and concerns, through various public and private academic activities.

 

When contaminations or violations unfortunately happen, environmental lawyers help clients with laws applicable in regulatory investigations, and in managing contamination sites or properties. They may also refer to health regulations or public health law in addressing these environmental problems. Litigations come in as part of environmental lawyers’ day-to-day, especially in representing clients before various judicial courts or administrative tribunals, pertaining to any environmental violation laid out by any federal, municipal, or territorial law.

 

Indigenous Peoples are also possible clients of environmental lawyers, where Indigenous lands or natural resources are threatened by either private or public entities. Where the Indigenous Peoples’ communities are at risk, or there has been a contamination or a violation already, environmental lawyers also apply Indigenous Peoples law, in addition to environmental law, in order to further protect and enforce the rights of these communities.

 

What is environmental law in Canada?

Environmental law in Canada is a system of federal, provincial, territorial and Indigenous laws which are generally aimed at protecting the environment. Federally, environmental laws are enforced by the Environment and Climate Change Canada (ECCC), headed by the Minister of Environment and Climate Change.

 

Canadian Environmental Protection Act, 1999

At the federal level, the Canadian Environmental Protection Act, 1999 (CEPA) is the environmental law which governs pollutants, chemicals, and toxic substances. It is also the general law which other subsequent environmental law are based upon, or is concurrent to its regulations and protections.

 

Pollution prevention (Part Four, CEPA)

A notice may be published by the Minister of Environment requiring any person/s to prepare and implement a pollution prevention plane in relation to any of the toxic substances mentioned in Schedule 1 of CEPA.

 

Controlling toxic substances (Part Five)

New substances being introduced to Canada by importation or manufacturing, except for already existing ones, shall undergo mandatory screening for any health or environmental risk.

 

Controlling pollution and managing wastes (Part Seven)

Wastes are also monitored and regulated by the Minister of Environment, who must be notified and must consent to any transboundary movement (exportation, importation, etc.) of these wastes through a permit.

 

Environmental emergencies (Part Eight)

An environmental emergency is defined as an accident that would release toxic substances, which would affect human health and the environment. To prevent one, the CEPA requires planning an environmental emergency plan for the substances that have already been screened. In an event of an environmental emergency, CEPA dictates that the person/s liable shall pay the cost in responding to the emergency.

 

Government operations and federal and aboriginal land (Part Nine)

Where the provincial or territorial laws on environment do not a cover aboriginal lands, CEPA fills in this gap by empowering the Minister of Environment to regulate aboriginal lands, in addition to federal lands.

 

Environmental Enforcement Act

The Environmental Enforcement Act (EEA) introduced a fine regime which will be implemented once a judicial final conviction is had under the following environmental laws:

 

  • Antarctic Environmental Protection Act (AEPA)
  • Canada National Marine Conservation Areas Act (CNMCAA)
  • Canada National Parks Act (CNPA)
  • Canada Wildlife Act (CWA)
  • Canadian Environmental Protection Act, 1999 (CEPA)
  • International River Improvements Act (IRIA)
  • Migratory Birds Convention Act, 1994 (MBCA)
  • Saguenay-St. Lawrence Marine Park Act (SSLMPA)
  • Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA)
  •  

The new fine regime under the EEA strengthened and consolidated the fines under the above-mentioned environmental laws by introducing a minimum fine for each offense, and its higher maximum fine. These fines may vary from each offense under each law, which will go to the Environmental Damages Fund (EDF), where local communities and organisations may apply to for environmental restoration or other environmental projects.

Looking for one of the best environmental lawyers to assist you, your community, or your company? Head down below for the list of the best environmental lawyers in Canada as ranked by Lexpert.

 
Julie A. Abouchar
Julie A. Abouchar
Year called to bar: 1994
Toronto, Ontario
Willms & Shier Environmental Lawyers LLP
Samuel W.C. Adkins
Samuel W.C. Adkins
Year called to bar: 2006
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Dominique Amyot-Bilodeau
Dominique Amyot-Bilodeau
Year called to bar: 2008
Montréal, Québec
McCarthy Tétrault LLP
Brad Armstrong
Brad Armstrong
Year called to bar: 1981
Vancouver, British Columbia
Lawson Lundell LLP
Aaron E. Atcheson
Aaron E. Atcheson
Year called to bar: 2000
London, Ontario
Miller Thomson LLP
Daniel R. Bennett
Daniel R. Bennett
Year called to bar: 1988
Vancouver, British Columbia
Norton Rose Fulbright Canada LLP
Richard E. Bereti
Richard E. Bereti
Year called to bar: 1993
Vancouver, British Columbia
Harper Grey LLP
Charles J. Birchall
Charles J. Birchall
Year called to bar: 1981
Ottawa, Ontario
Willms & Shier Environmental Lawyers LLP
Janet L. Bobechko
Janet L. Bobechko
Year called to bar: 1991
Toronto, Ontario
WeirFoulds LLP
Kinji Bourchier
Kinji Bourchier
Year called to bar: 2000
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Dani Bryant
Dani Bryant
Vancouver, British Columbia
Fasken Martineau DuMoulin LLP
Emilie Bundock
Emilie Bundock
Montréal, Québec
Fasken Martineau DuMoulin LLP
David W. Bursey
David W. Bursey
Year called to bar: 1984
Vancouver, British Columbia
Bennett Jones LLP
Richard D. Butler
Richard D. Butler
Year called to bar: 2006
Toronto, Ontario
Willms & Shier Environmental Lawyers LLP
Bryan J. Buttigieg
Bryan J. Buttigieg
Year called to bar: 1989
Vaughan, Ontario
Miller Thomson LLP
Adam Chamberlain
Adam Chamberlain
Year called to bar: 1994
Toronto, Ontario
Gowling WLG
Pierre-Olivier Charlebois
Pierre-Olivier Charlebois
Year called to bar: 2004
Montréal, Québec
Fasken Martineau DuMoulin LLP
Larry Cobb
Larry Cobb
Year called to bar: 1990
Toronto, Ontario
Stikeman Elliott LLP
F.F. (Rick) Coburn
F.F. (Rick) Coburn
Year called to bar: 1990
Toronto, Ontario
Borden Ladner Gervais LLP (BLG)
R. Max Collett
R. Max Collett
Year called to bar: 1998
Vancouver, British Columbia
DLA Piper (Canada) LLP
Rosalind H. Cooper
Rosalind H. Cooper
Year called to bar: 1991
Toronto, Ontario
Fasken Martineau DuMoulin LLP
Anthony J. (Tony) Crossman
Anthony J. (Tony) Crossman
Year called to bar: 1996
Vancouver, British Columbia
Blake, Cassels & Graydon LLP
Jennifer Danahy
Jennifer Danahy
Year called to bar: 2002
Toronto, Ontario
Gowling WLG
Shawn H.T. Denstedt
Shawn H.T. Denstedt
Year called to bar: 1989
Calgary, Alberta
Osler, Hoskin & Harcourt LLP
Mélissa Devost
Mélissa Devost
Québec City, Québec
Norton Rose Fulbright Canada LLP
Christine Duchaine
Christine Duchaine
Year called to bar: 1990
Montréal, Québec
Sodavex Inc
Patrick G. Duffy
Patrick G. Duffy
Year called to bar: 2004
Toronto, Ontario
Stikeman Elliott LLP
Sander Duncanson
Sander Duncanson
Year called to bar: 2011
Calgary, Alberta
Osler, Hoskin & Harcourt LLP
Tyson W. Dyck
Tyson W. Dyck
Year called to bar: 2004
Toronto, Ontario
Torys LLP
Laura K. Estep
Laura K. Estep
Year called to bar: 2004
Calgary, Alberta
Dentons Canada LLP
Jennifer Fairfax
Jennifer Fairfax
Year called to bar: 2003
Toronto, Ontario
Osler, Hoskin & Harcourt LLP
Tamara Farber
Tamara Farber
Year called to bar: 1995
Toronto, Ontario
Miller Thomson LLP
Lana J. Finney
Lana J. Finney
Year called to bar: 1994
Toronto, Ontario
Blake, Cassels & Graydon LLP
Michael J. Fortier
Michael J. Fortier
Year called to bar: 2002
Toronto, Ontario
Torys LLP
Myriam Fortin
Myriam Fortin
Year called to bar: 1999
Montréal, Québec
Stikeman Elliott LLP
Matthew Gardner
Matthew Gardner
Year called to bar: 2010
Toronto, Ontario
Willms & Shier Environmental Lawyers LLP
Mira Gauvin
Mira Gauvin
Year called to bar: 2001
Montréal, Québec
Dentons Canada LLP
John Georgakopoulos
John Georgakopoulos
Year called to bar: 2008
Toronto, Ontario
Willms & Shier Environmental Lawyers LLP
Sarah E. Gilbert
Sarah E. Gilbert
Year called to bar: 2002
Toronto, Ontario
Bennett Jones LLP
Bradley S. Gilmour
Bradley S. Gilmour
Year called to bar: 1996
Calgary, Alberta
Bennett Jones LLP
Talia Gordner
Talia Gordner
Year called to bar: 2012
Toronto, Ontario
McMillan LLP
Leonard J. Griffiths
Leonard J. Griffiths
Year called to bar: 1985
Toronto, Ontario
Bennett Jones LLP
Sarah D. Hansen
Sarah D. Hansen
Year called to bar: 2000
Vancouver, British Columbia
Miller Thomson LLP
Scott R. Harcus
Scott R. Harcus
Year called to bar: 2010
Vancouver, British Columbia
Alexander Holburn Beaudin + Lang LLP
Dufferin R. Harper
Dufferin R. Harper
Year called to bar: 1992
Calgary, Alberta
Blake, Cassels & Graydon LLP
Alan S. Harvie
Alan S. Harvie
Year called to bar: 1989
Calgary, Alberta
Norton Rose Fulbright Canada LLP
Nicholas R. Hughes
Nicholas R. Hughes
Year called to bar: 1990
Vancouver, British Columbia
McCarthy Tétrault LLP
Martin Ignasiak
Martin Ignasiak
Year called to bar: 1999
Calgary, Alberta
Bennett Jones LLP
Robin M. Junger
Robin M. Junger
Year called to bar: 1994
Vancouver, British Columbia
McMillan LLP
Jonathan W. Kahn
Jonathan W. Kahn
Year called to bar: 1988
Toronto, Ontario
Blake, Cassels & Graydon LLP
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