Climate Law Conference 2024

Course Chair
Professor Chris Tollefson — UVic Faculty of Law, Principal, Tollefson Law Corporation, Victoria

About the Course Chair
Chris Tollefson is a teacher, author and litigator. Appointed as full professor at the UVic Faculty of Law in 2007, he has been counsel on many leading environmental cases including the Northern Gateway pipeline review; the Trans Mountain pipeline review; and the Pacific North West LNG environmental assessment. He co-authors a national environmental law textbook published by Thomson-Reuters (now in its 4th edition 2023). He played a founding role in the establishment of several environmental law organizations including Ecojustice and the Pacific Centre for Environmental Law and Litigation. Professor Tollefson is Principal at Tollefson Law, a firm that advises on environmental, resource governance and climate law for Indigenous governments and businesses, co-management bodies and regulators, and a public interest clientele.  Tollefson Law is co-counsel with Arvay Finlay LLP, on La Rose v. HMTQ, a climate lawsuit case filed by 15 young Canadians against the federal government.

Keynote Speakers
Merle Lagax'niitsk Alexander, KC — Miller Titerle Law Corporation, Vancouver
Terri-Lynn Gid7ahl-Gudsllaay lalaxaaygans Williams-Davidson, KC — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Faculty
Andhra Azevedo — Ecojustice Canada , Vancouver
Professor Nathalie Chalifour — University of Ottawa, Faculty of Law, Ottawa
Eriel Deranger — Executive Director, Indigenous Climate Action Network, Edmonton
Mojan Farshchi — DMF Law, Vancouver
Scott R. Harcus — Alexander Holburn Beaudin + Lang LLP, Vancouver
Professor Kathryn Harrison — Brenda and David McLean Chair in Canadian Studies, Department of Political Science, UBC, Vancouver
Anna Johnston — West Coast Environmental Law, Vancouver
Eugene Kung — West Coast Environmental Law, Vancouver
Roark Lewis — Borden Ladner Gervais LLP, Vancouver
Professor Carol Liao — Chair, Canada Climate Law Initiative, Peter A. Allard School of Law, UBC, Vancouver
Dr. Jason MacLean — School of Environment and Sustainability, University of Saskatchewan, Saskatoon
Reidar M. Mogerman, KC — CFM Lawyers LLP, Vancouver
Jeffrey Nicholls — Ratcliff & Company LLP, North Vancouver
Andrea Rodgers — Deputy Director for US Strategy, Our Children's Trust, Seattle
Justin Safayeni — Stockwoods LLP, Toronto
Professor Jocelyn Stacey — Peter A. Allard School of Law, UBC, Vancouver
David Wu — Arvay Finlay LLP, Vancouver

Course Introduction and Land Acknowledgement (8:45 – 9:00)

Raymond Lee — Program Lawyer, CLEBC, Vancouver
Professor Chris Tollefson — UVic Faculty of Law, Principal, Tollefson Law Corporation, Victoria 

Opening Keynote (9:00 – 9:30)

Merle Lagax'niitsk Alexander, KC — Miller Titerle Law Corporation, Vancouver

BREAK (9:30 – 9:35)

Panel 1:  Greenwashing and Climate Law (9:35 – 10:25)

Governments everywhere are increasingly enacting laws that seek to regulate corporate marketing and other claims, including with respect to Net Zero and carbon neutrality. This panel explores how this regulatory trend is playing out in Canada and other jurisdictions, and its legal implications for market practices and securities regulation.

Chair: Dr. Jason MacLean — School of Environment and Sustainability, University of Saskatchewan, Saskatoon
Andhra Azevedo — Ecojustice Canada , Vancouver
Roark Lewis — Borden Ladner Gervais LLP, Vancouver
Professor Carol Liao — Chair, Canada Climate Law Initiative, Peter A. Allard School of Law, UBC, Vancouver

BREAK (10:25 – 10:30)

Panel 2: Federalism and Climate Law (10:30 – 11:20)

In legal circles and beyond, significant attention has focused on the meaning and implications of two recent SCC reference cases directly relevant to the climate emergency. In light of the GGPPA and IAA Reference decisions, what avenues still exist for the federal government to play a leadership role on the climate front? Are there better ways for Canada to review and make decisions about major infrastructure, projects and activities that impact federal jurisdiction mindful of climate imperatives and Indigenous and Aboriginal law jurisdictions? How has and will the political uncertainty in recent times impact our ability to tackle the climate emergency?

Chair: Professor Nathalie Chalifour — University of Ottawa, Faculty of Law, Ottawa
Professor Kathryn Harrison — Brenda and David McLean Chair in Canadian Studies, Department of Political Science, UBC, Vancouver
Anna Johnston — West Coast Environmental Law, Vancouver

BREAK (11:20 – 11:25)

Panel 3: Climate Justice and Climate Law (11:25 – 12:15)

Indigenous Peoples are at the forefront of climate justice advocacy in Canada. Climate change amplifies floods and fires and accelerates changes on the land causing disruptions to Indigenous legal orders and governance systems. Indigenous laws, jurisdiction, expertise and leadership offer promising alternative pathways for addressing climate change. What does climate law look like when it foregrounds the inherent rights of Indigenous People? What steps have provincial and federal governments taken to align their climate laws with the UN Declaration on the Rights of Indigenous Peoples? This panel will highlight Indigenous climate action, and consider recent legislative changes aimed at implementing UNDRIP, including BC's newly enacted Emergency and Disaster Management Act.

Chair: Eugene Kung — West Coast Environmental Law, Vancouver
Eriel Deranger — Executive Director, Indigenous Climate Action Network, Edmonton
Professor Jocelyn Stacey — Peter A. Allard School of Law, UBC, Vancouver

LUNCH with Keynote Address (12:15 – 1:00)

Terri-Lynn Gid7ahl-Gudsllaay lalaxaaygans Williams-Davidson, KC — White Raven Law Corporation|XUUYA GAADA KILYAHDA, Surrey

Panel 4: Youth-led Climate Litigation and Climate Law (1:00 – 1:50)

The world's first youth-led climate case—Julianna v. USA—was filed almost a decade ago. What lessons can be learned from Julianna and the many other subsequent youth-led cases around the world that have sought recognition of a constitutional right to a stable climate system? In particular, what is the status of leading youth-led cases in Canada including Mathur v. Ontario and La Rose v. Canada?

Chair: David Wu — Arvay Finlay LLP, Vancouver
Andrea Rodgers — Deputy Director for US Strategy, Our Children's Trust, Seattle
Justin Safayeni — Stockwoods LLP, Toronto

BREAK (1:50 – 1:55)

Panel 5: Legal Practice and Climate Law (1:55 – 2:45)

Climate law is reshaping legal practice in innumerable ways and settings. In this panel, we have invited leading practitioners from various key practice areas—including Aboriginal/Indigenous law, construction and real estate law, and insurance law—to opine on what legal practice in their area will look like in a "Net Zero" 2050 world. What does the emergence and trajectory of climate law as a practice area tell us about how legal practice will inevitably evolve?

Chair: Reidar M. Mogerman, KC — CFM Lawyers LLP, Vancouver
Mojan Farshchi — DMF Law, Vancouver
Scott R. Harcus — Alexander Holburn Beaudin + Lang LLP, Vancouver
Jeffrey Nicholls — Ratcliff & Company LLP, North Vancouver

Closing Remarks (2:45 – 3:00)

Professor Chris Tollefson — UVic Faculty of Law, Principal, Tollefson Law Corporation, Victoria