Author Archives: Martin Olszynski

About Martin Olszynski

B.Sc. in Biology (Saskatchewan), LL.B. (Saskatchewan), LL.M. Specialization in Environmental Law (University of California at Berkeley). Assistant Professor. Please click here for more information.

The Sad State of Regional Land Use Planning in Alberta

By: Nigel Bankes, Sharon Mascher & Martin Olszynski

PDF Version: The Sad State of Regional Land Use Planning in Alberta

Matters Commented On: (1) Coal Policy Committee, Final Report: Recommendations for the Management of Coal Resources in Alberta, December 2021, released to the public March 4, 2022, (2) Minister Sonya Savage, Press Release,  Getting it Right on Coal in Alberta, March 4, 2022, (3) Lower Athabasca Regional Plan, and (4) South Saskatchewan Regional Plan

The release of the Coal Policy Committee Recommendations on March 4, 2022, offers three reminders as to the sad state of regional land use planning in Alberta. The first reminder is that 14 years after the adoption of the much-heralded Land Use Framework in 2008, and 13 years after the adoption of the Alberta Land Stewardship Act, SA 2009, c A-26.8 (ALSA), we still have only two approved plans in Alberta, the Lower Athabasca Regional Plan (LARP) (approved August 22, 2012, and brought into force September 1, 2012) and the South Saskatchewan Regional Plan (SSRP) (adopted in 2014). This was significant to the Coal Policy Committee because it meant that while plans adopted under ALSA might ultimately supersede the “nascent form of land-use planning” (at 22) embodied in the “coal categories” of the 1976 Coal Policy, we are still awaiting plans for the balance of the eastern slopes of the Rockies north of the SSRP, namely for the North Saskatchewan, the Upper Athabasca and the Upper Peace regions (see Figure 1, below). Continue reading →

Former Minister of Justice Attempted to Interfere with the Administration of Justice: Kent Report

By: Shaun Fluker, Nigel Bankes & Martin Olszynski

PDF Version: Former Minister of Justice Attempted to Interfere with the Administration of Justice: Kent Report

Matter Commented On: The Kent Report (February 15, 2022)

On February 25, the Premier issued a brief statement announcing that former Minister of Justice, Kaycee Madu, was being shifted to Minister of Labour and Immigration, and that the former Minister of Labour and Immigration, Tyler Shandro, is now the Minister of Justice. This Friday afternoon swap was in response to the findings of retired Justice Adèle Kent in her investigation into a phone call made by Minister Madu to the Edmonton Chief of Police on the morning of March 10, 2021, concerning a traffic ticket issued to him that very same morning. As we discuss at the end of this post, this investigation seemingly only occurred because CBC news reporter Elise Von Sheel revealed the making of the call in a news story published on January 17, 2022. Several hours after the CBC broke the news, Premier Kenney announced on Twitter that Minister Madu was temporarily stepping aside from his ministerial duties while an independent investigation reviewed whether the call amounted to an interference with the administration of justice. The Kent Report concludes that the call (1) was an attempt to interfere with the administration of justice and (2) created a reasonable perception of an interference with the administration of justice. In this post, we summarize and comment on the findings of the Kent Report. Continue reading →

Rigs in a Parlour: The Freedom Convoy and the Law of Private Nuisance

By: David V Wright and Martin Olszynski

PDF Version: Rig in a Parlour: The Freedom Convoy and the Law of Private Nuisance

Matter Commented On: Li v Barber et al, Court File No CV-22-00088514-00CP

After more than a week of disruptive, and at times highly offensive, protesting in the nation’s capital, private law has been engaged. Specifically, residents of the inner downtown area applied to the Ontario Superior Court for injunctive relief (essentially, a temporary ban on certain conduct) and for damages under the tort of private nuisance. This post discusses the basic elements and principles of private nuisance as they relate to the present context (we do not comment on procedural aspects – e.g., certification of the proceeding as a class action). Our preliminary assessment is that the prospects for success on the question of private nuisance are very good. Early indications from the Court are consistent with this assessment, as Justice Hugh McLean of the Ontario Superior Court granted an interim injunction on Monday (copy of the Court order here). In doing so, Justice McLean indicated that the right of citizens to peace and quiet was the overriding right (see this detailed thread on Twitter summarizing the Court proceedings). Continue reading →

Reviewing Regulations Post-Vavilov: Ecology Action Centre v Canada (Part II)

By: Mark Mancini and Martin Olszynski

PDF Version: Reviewing Regulations Post-Vavilov: Ecology Action Centre v Canada (Part II)

Case Commented On: Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII)

This is the second post on the Federal Court’s recent decision in Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII). For the background on this decision, see Martin Olszynski’s first post here. Continue reading →

Are Regional (and other) Assessments pursuant to the Impact Assessment Act Justiciable? Ecology Action Centre v Canada (Part 1)

By: Martin Olszynski

PDF Version: Are Regional (and other) Assessments pursuant to the Impact Assessment Act Justiciable? Ecology Action Centre v Canada (Part 1)

Case Commented On: Ecology Action Centre v Canada (Environment and Climate Change), 2021 FC 1367 (CanLII)

The applicants sought judicial review in Federal Court of the “Regional Assessment of Offshore Oil and Gas Exploratory Drilling East of Newfoundland and Labrador” (the Offshore Exploratory Regional Assessment), initiated as a “regional study” under the previous Canadian Environmental Assessment Act, 2012, SC 2012, c 19, s 52 (CEAA, 2012) but converted into a “regional assessment” under the current Impact Assessment Act, SC 2019, c 28, s 1 (IAA) when the latter came into force in 2019. The Offshore Exploratory Regional Assessment and Report were prepared by a committee established by both the federal and provincial governments and submitted to the Minister of Environment and Climate Change Canada (the Minister). The applicants also sought judicial review of the subsequently promulgated Regulations Respecting Excluded Physical Activities (Newfoundland and Labrador Offshore Exploratory Wells) (the Offshore Exploratory Regulations) pursuant to paragraph 112(1)(a.2) of the IAA, the effect of which was to exclude offshore exploratory drilling from undergoing individual impact assessments on a go-forward basis. Both applications were dismissed. Continue reading →