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

Merle is a 'life of project' lawyer at Miller Titerle, assisting with negotiations of all stages of impact benefit agreements, joint ventures, regulatory engagement, traditional knowledge collection, and other corporate and tax-related advice. He is continuously engaged in legal support for emerging government-to-government negotiations in all resource areas, including mining, oil and gas, forestry, pipelines, run-of-river and hydro projects. As a member of the co-development team for the Declaration on the Rights of Indigenous Peoples Act in BC, a major component of Merle's practice currently involves the ongoing legislative implementation of UNDRIP in BC. Merle is continuously adapting his solicitor experience and skill set to the emerging and developing needs of Indigenous clients.

Merle was recognized in 2021 by Business in Vancouver's inaugural BC500, the 500 most influential business leaders in BC, as a Leader in Law.

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

A citizen of the Haida Nation and also its General Counsel, Terri-Lynn Williams-Davidson has practiced in the area of aboriginal-environmental law since she was called to the BC bar in 1996. She holds two degrees from UBC: Bachelor of Laws, 1995 and Bachelor of Science (Computer Science), 1990, and is currently pursuing a Master of Laws.

Since 1995, she has represented the Haida Nation at all levels of court, including the Supreme Court of Canada in litigation to protect the old-growth forests of Haida Gwaii, the Haida Nation's TFL39 Case, the leading case on consultation and accommodation of Aboriginal Rights. She is also counsel for the Haida Nation's aboriginal title case (launched in 2002), as well as the related reconciliation negotiations—which have resulted in innovative interim agreements with BC and Canada—and other litigation such as that challenging the Enbridge Northern Gateway Project.

Terri-Lynn has published widely and lectures internationally in aboriginal law. In the past she served as founding Executive Director of the national charity EAGLE (Environmental-Aboriginal Guardianship through Law and Education), as an Advisory Council member for the Vancouver Foundation's Environment Program, as a juror for the Ecotrust (US) Buffet Award for Indigenous Leadership, on the board of Ecotrust Canada and Earthlife Canada Foundation (Gowgaia Institute). Terri-Lynn is currently a board member of the Haida Gwaii Singers Society and an Honourary Director of the national environmental charity Ecojustice. In 2014, she received West Coast Environmental Law Peoples' Choice Andrew Thompson Award for environmental advocacy.

She has a lifelong devotion to perpetuating Haida culture, including illustrating a children's book, sharing traditional dance and songs with Rainbow Creek Dancers, and recording for film and television. She is a multiple award winning singer for her work with Haida Gwaii Singers Society and Raven Calling Productions, including the "Keepers of Traditions" Award from the Canadian Aboriginal Music Awards ("CAMA") for her lifetime contributions to Haida musical traditions, the "Best Female Traditional/Cultural Roots Album" CAMA for her CD "Lalaxaaygans: Beautiful Sound," and "Best Female Artist" CAMA for her CD "New Journeys." In 2017, she released a CD "Grizzly Bear Town" with Canadian music icons, Claire Lawrence and Bill Henderson of the rock band Chilliwack. In 2017, she also released the book "Out of Concealment: Female Supernatural Beings of Haida Gwaii" (forwards by Wade Davis and Gwaganad, Diane Brown) and exhibited a multi-media exhibition at the Haida Gwaii Museum.

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

Click here for full faculty bios

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