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Environmental Boards and Tribunals in Canada - A Practical Guide

Up to now, there has been no practice guide that teaches lawyers, other professionals and members of the public how to appear before Canadian environmental boards and tribunals. The purpose of this book is to teach the reader "the rules of the game," by explaining the basic procedures and norms that apply to each proceeding, and to remove as much ...



Publisher: LexisNexis Canada
Country: Canada
Format: Softcover Book
Publication Language: English
ISBN: 9780433458005
Publication Date: 2011-01-31
 
Price: $85.00
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    Up to now, there has been no practice guide that teaches lawyers, other professionals and members of the public how to appear before Canadian environmental boards and tribunals. The purpose of this book is to teach the reader "the rules of the game," by explaining the basic procedures and norms that apply to each proceeding, and to remove as much as possible the mystery of appearing at environmental hearings.

    Written for lawyers, as well as non-lawyers alike, the book is easy to use, with chapters organized in a chronological fashion, covering every major stage in an environmental proceeding.

    Book Features:

    • Highlights the unique aspects of practice and procedure before each of Canada's three main environmental tribunals: the Ontario Environmental Review Tribunal, the Alberta Environmental Appeals Board, and the British Columbia Environmental Appeal Board
    • Introduces the reader to other environmental tribunals in Canada
    • Familiarizes the reader with the terminology used in the proceedings, and the background and concepts behind environmental tribunals
    • Contains 23 full-page charts setting out the steps involved in all types of appeals and other proceedings before each of the above three tribunals, under 23 separate statutes
    • Appendices contain the text of all relevant legislation, regulations, rules, practice directions and manuals for all three tribunals
    • Detailed footnotes point to the applicable case law from all three tribunals

    What Makes This Book Unique:

    • Before this book, the only way to gain an understanding of practice before environmental boards and tribunals was to be actively involved in cases. Now, readers have an easy-to-read, comprehensive sourcebook about the practice area
    • Useful to any reader who is appearing before a tribunal for the first time: the book, in effect, takes the reader through each stage of the tribunal hearing process from the point where a proceeding is started, to the final decision issued by the tribunal
    • Written in plain English, the book is written both as a users' guide and a reference book
    • For someone who wants an overview of how environmental tribunals work, the book can be read from start to finish
    • For readers who are more familiar with the proceedings, sections of the book can be used as they apply to a reader's case or situation

    Who Should Use This Book?

    • Lawyers - Comprehensive practice guide that is a "must have" for any one of the 6,000 Canadian lawyers who appear in front of environmental boards and tribunals across Canada
    • Environmental tribunal members and staff - This book functions as a secondary "job manual" for members and staff who work in environmental tribunals
    • Environmental consulting firms - Useful for environmental consultants who frequently appear in front of environmental tribunals but aren't familiar with tribunal rules and procedures
    • Municipal and provincial government agencies - Provides government agencies with a practical guide to appearing before administrative tribunals that deal with environmental issues
    • Members of the public - Provides those who are involved in environmental hearings but unfamiliar with tribunal processes with a guide to the "rules of the game"


    Click here to read a review of this title

    1. Introduction
    2. Environmental Tribunals: Jurisdiction and General Concepts
    3. The Nature of Proceedings Before Environmental Tribunals
    4. Getting Before the Tribunal
    5. Preliminary Hearings and Preparing for a Hearing
    6. Motions
    7. Mediation and Negotiated Settlements
    8. The Hearing Process
    9. Appeals and Judicial Review
    Appendix 1: Alberta Materials: Statutes, Regulations, Rules
    Appendix 2: British Columbia Materials: Statutes, Regulations, Procedure Manual
    Appendix 3: Ontario Materials: Statutes, Regulations, Rules and Practice Directions
    Appendix 4: Alberta Charts
    Appendix 5: British Columbia Charts
    Appendix 6: Ontario Charts
    Appendix 7: Research Guide

     

    Jerry V. DeMarco, B.A., LL.B., M.E.S., M.M., M.Sc., R.P.P./MCIP & Paul Muldoon, B.A., LL.B., M.A., LL.M.


    Jerry V. DeMarco, B.A., LL.B., M.E.S., M.M., M.Sc., R.P.P./MCIP, provides day-to-day oversight of the Ontario Environmental Review Tribunal as Associate Chair. He also serves as Alternate Executive Chair of Environment and Land Tribunals Ontario and as Co-Chair of the Conference of Ontario Boards and Agencies. Prior to his tribunal appointments he was the Managing Lawyer of the Sierra Legal Defence Fund, appearing before tribunals and courts (including the Supreme Court of Canada) on many issues of environmental and administrative law. As an adjudicator, he has authored over 150 written decisions. He has contributed to the Supreme Court Law Review, Canadian Bar Review, and the Journal of Environmental Law and Practice.

    Paul Muldoon, B.A., LL.B., M.A., LL.M., is Vice-Chair of the Ontario Environmental Review Tribunal. Prior to his appointment in 2006, he was the Executive Director and Counsel at the Canadian Environmental Law Association where he appeared before the courts and tribunals on a variety of environmental issues. He has authored a number of publications, including An Introduction to Environmental Law and Policy in Canada and dozens of articles. He was a Co-editor of the Canadian Environmental Law Reports, and is currently an Adjunct Professor at the University of Toronto's Centre for the Environment.

     

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