November 2023 Bulletin

Faces of CELA

Gratitude to Outgoing Board Members

Canadian Environmental Law Assocation (CELA) and our charitable arm the Canadian Environmental Law Foundation are deeply grateful for the passion and dedication of its volunteer boards of directors. This year, we welcomed new members Tom Borg and Lijing Black. We also said goodbye to long-serving board members Luke Wintjes and Grace Patterson.

Luke Wintjes

Luke joined both the CELA and Canadian Environmental Law Foundation boards in 2010. Having joined on the recommendation of Ursula Franklin, a prominent scientist, Luke brought a background in teaching and connecting with youth, library and information science, and a passion for environmental issues.

Luke was a highly engaged board member, particularly with the Foundation board. In addition to attending all board meetings, Luke also regularly participated in planning meetings, special projects, and board-staff social events. CELA’s current Chair, Lesley Cameron, shared that Luke was thoughtful about any issue under consideration and added fun and enthusiasm to social events.

Luke’s insights on how best to present and communicate information to the public, and youth in particular, were very valuable and enhanced the projects he worked on. Luke’s contributions to the Foundation’s strategic planning and rebranding process were critical.

The board and staff of CELA and the Foundation enjoyed and appreciated Luke’s dedication and passion for the cause of environmental justice, and are very sad to see him go. We wish him the best of luck in his future endeavors and look forward to staying connected.

Grace Patterson

Grace joined CELA as Executive Director in the mid-1980s. A highly respected environmental lawyer, Grace brought deep expertise, passion, and insight to CELA. After leaving CELA, Grace became Chair of the (then-called) Environmental Assessment Board. Grace presided over some very significant hearings, including Ontario’s first major ambitious plan to expand the nuclear power and electricity planning system, municipal applications for landfill expansions and sewage treatment plans, and an application for a chemical waste management site.

After her time with the Environmental Assessment Board, Grace became in-house counsel with the City of Toronto, where she worked until her retirement. Around that same time, Grace joined the CELA board, where she remained for over two decades. Having someone who had worked not only in the clinic system but also in the Executive Director role, was invaluable to the CELA board. Her advice was grounded, practical, and very much respected. CELA’s current Executive Director, Theresa McClenaghan shared that she “really valued Grace’s counsel, and always appreciated hearing her thoughts on challenges CELA might be navigating”. CELA’s current Chair, Lesley Cameron, echoed Theresa’s perspective and added that she often called Grace for her sage advice.

The board and staff of CELA are deeply grateful for Grace’s years of service and dedication to both CELA and environmental justice. We are very sad to see her leave the CELA board but are glad she will have more time to enjoy a well-deserved retirement.

Fond Memories of David McLaren

CELA was saddened to learn of the recent passing of David McLaren. David was a lifelong champion of environmental justice, especially advocating for Indigenous rights and sovereignty.

David worked with CELA from the 1990s to the early 2000s, lending his expertise to policy and communications. In addition to editing CELA’s newsletter, he penned a regular “From the Headlines” column (for example, see p.17, Intervenor, vol, 23 no.1). He also authored a number of excellent articles, including “First Nations and the Global Economy” (p. 14, Intervenor, vol. 22, no.4), “Supreme Court says CEPA Rules” (p.12, Intervenor, vol. 22, no.4), and “Is Lands for Life a Good Deal for the Environment?” (p.9, Intervenor, vol. 24, no. 2).

CELA extends our condolences to David’s family and friends, and are grateful for the time we got to share with him.

Case Updates

Elliot Lake and Radioactive Mine Waste

Families in Elliot Lake continue to demand action by the federal government and mining company BHP to clean up uranium mine waste found on their properties. Both parties have now filed affidavits with the Federal Court on this application; legal argument will be filed in the new year. Read more here.

Controversial Asphalt Plant in Napanee

Keep Napanee Great, represented by CELA, sought leave to appeal the Ministry of Environment, Conservation and Park’s issuance of an air and noise approval for a hot mix asphalt plant and quarry. Unfortunately, the Ontario Land Tribunal denied the request.

The Ontario Land Tribunal’s separate decision under the Planning Act regarding the proposed rezoning for the permanent asphalt plant remains outstanding. Read more here.

Law Reform Updates

Image courtesy of @Parradee Kietsirijul via Canva.com

Canada Must Scale Up Funding to Meet Climate and Nature Targets

The impacts of the worsening climate and biodiversity crises continue to be felt across Canada and around the world. The Green Budget Coalition recently released a comprehensive set of fiscal recommendations for how the federal government can simultaneously address these linked climate and biodiversity crises, while strengthening Canada’s economy and improving affordability and quality of life for people in Canada. Read the full media release here.

The Green Budget Coalition, founded in 1999, brings together 22 leading Canadian environmental and conservation organizations to present an analysis of the most pressing issues regarding environmental sustainability in Canada and to make recommendations to the federal government regarding strategic fiscal and budgetary opportunities.

CELA Supportive of Provincial Proposal to Return Lands to the Greenbelt

CELA recently wrote to express support for the provincial proposal for legislation (now introduced as Bill 136 in the current sitting) to return lands to the Greenbelt. CELA has long called for Greenbelt boundaries to be expanded, and that once land is added to the Greenbelt, the default planning rule be that it must remain designated as Greenbelt with all of the relevant land use restrictions. CELA supports Bill 136 in its specification that the Greenbelt boundaries will now be set in legislation, and that it will not be possible to change them by mere regulation.

As CELA wrote to the Premier and to Minister Calandra recently, in light of findings of the Auditor General of Ontario, it is our opinion that public trust in Ontario’s land use planning process has been badly eroded. A top priority of the government of Ontario must be to restore trust and confidence in the land use planning process. The changes proposed by Bill 136 can be part of that restoration. Members of the public must be assured that they can trust the enacted laws and the codified processes; that there is a level playing field for input; and that decisions will be rational and supported with sound reasons.

Proposed Clean Energy Regulations

CELA and Low-Income Energy Network (LIEN) submitted comments in response to the Federal government’s consultation on proposed Clean Electricity Regulations. The comments focus on the need for targeted grant programs for underserved communities to help with energy affordability and to ensure that those communities can also participate in the transition to clean energy.

Image courtesy of @Marcus Millo via Canva.com 

Fossil Fuels are Driving Affordability Crisis; Smart Climate Policy is the Answer

CELA signed on to a joint statement with over a dozen other organizations, supporting carbon pricing and asking elected officials at all levels of government to work together to address the climate emergency and affordability challenges in tandem, emphasizing mutually beneficial solutions. English and French versions of the full statement are available here.

From the Foundation

November’s Feature

This month’s feature from the Canadian Environmental Law Foundation is a 2000 edition of the CELA newsletter, then titled Intervenor. Focused on water and health, volume 25, number 2 of Intervenor included articles about the case for a safe drinking water law, CELA’s perspective on the future of public drinking water in Ontario, and the Children’s Health Project (now the Canadian Partnership for Children’s Health and Environment).

Webinars and Resources

Sustainable Energy Transitions in Canada

Canadian energy systems need to change. Beyond providing essential energy services, they must mitigate and respond to climate change, enhance social justice, and remain sensitive to local cultures and traditions. Can they do this and still make financial sense?

Framed through the relationship between decarbonization and energy sustainability and justice, Sustainable Energy Transitions in Canada brings together experts from across the country to share their perspectives on leading theories and practices. CELA is proud to have co-authored a chapter with LIEN in this new publication, titled “Energy Justice and Poverty: A Case Study for Ontario”.

The book is open-access and can be read here.

Indigenous Leadership Fund

The Government of Canada recently launched the Indigenous Leadership Fund to support First Nations, Inuit, and Métis climate action. The fund “provides up to $180 million to support Indigenous-owned and led renewable energy, energy efficiency, and low-carbon heating projects led by First Nations, Inuit, and Métis”. More information can be found here.

Recommendations for Municipalities: Mandatory Building Performance Standards

To achieve national climate goals, improving energy efficiency and reducing greenhouse gas (GHG) emissions from existing buildings is crucial. Better-performing buildings can also promote equity by reducing health problems associated with poor indoor environments, which disproportionately affect low-income, vulnerable and disadvantaged communities.

In response to these challenges, Mandatory Building Performance Standards (MBPS) have emerged as a promising solution. MBPS aim to reduce energy consumption and GHG emissions in the existing building stock by requiring building owners to meet specific performance criteria.

A new report on MBPS, prepared by Krystal-Anne Roussel on behalf of CELA for The Atmospheric Fund, was recently released to equip Ontario municipalities with the necessary knowledge and tools for effective MBPS adoption. The report is available here.