Latest Developments on How Remediation Affects Environmental
40 Latest Developments on How Remediation Affects Environmental Sentencing Wally Braul and Mark Youden, Gowling WLG (Canada) LLP This presentation will consider how the courts in Fisheries Act and other prosecutions frequently consider whether a sentence should be mitigated by the remediation efforts undertaken by the convicted party. Recent cases – including those under the much stricter recently enacted sentencing regime – provide pragmatic lessons on how particular remediation efforts before and after charges are filed affect sentences. For example, the courts have recently commented on how remediation of historic contamination, responses to spills, and use of internal cleanup management systems can substantially mitigate sentences.
Mark Youden Mark Youden is an associate in Gowling WLG’s Vancouver office, practising in the firm’s Environmental, Aboriginal Law and Corporate Commercial Law groups. He advises a wide range of clients on Aboriginal, environmental assessment and regulatory issues for energy and natural resource projects. Mark provides specialist advice and solutions on all aspects of environmental law including management of contaminated land and environmental litigation. He also assists clients with reducing and managing their environmental risks and liabilities, and assists with transactional environmental due diligence. Prior to studying law, Mark obtained an M.Sc. in Environmental Science, and worked as an environmental consultant for an international engineering firm. Mark’s scientific expertise and multidisciplinary approach help him provide clients with practical solutions to complex environmental and Aboriginal law matters.
Wally Braul Wally Braul is a partner in Gowling WLG’s Advocacy Group and is one of Western Canada’s most highly regarded energy, Indigenous law and environmental lawyers. He has extensive experience and expertise defending Fisheries Act prosecutions, contamination sites and water law litigation and advising on oil spill emergencies. Wally has been repeatedly recognized by Lexpert as a leading lawyer, and by The Best Lawyers in Canada and Who’s Who Legal as one of Canada’s foremost environmental lawyers.
Mark Youden Mark Youden is an associate in Gowling WLG’s Vancouver office, practising in the firm’s Environmental, Aboriginal Law and Corporate Commercial Law groups. He advises a wide range of clients on Aboriginal, environmental assessment and regulatory issues for energy and natural resource projects. Mark provides specialist advice and solutions on all aspects of environmental law including management of contaminated land and environmental litigation. He also assists clients with reducing and managing their environmental risks and liabilities, and assists with transactional environmental due diligence. Prior to studying law, Mark obtained an M.Sc. in Environmental Science, and worked as an environmental consultant for an international engineering firm. Mark’s scientific expertise and multidisciplinary approach help him provide clients with practical solutions to complex environmental and Aboriginal law matters.
Wally Braul Wally Braul is a partner in Gowling WLG’s Advocacy Group and is one of Western Canada’s most highly regarded energy, Indigenous law and environmental lawyers. He has extensive experience and expertise defending Fisheries Act prosecutions, contamination sites and water law litigation and advising on oil spill emergencies. Wally has been repeatedly recognized by Lexpert as a leading lawyer, and by The Best Lawyers in Canada and Who’s Who Legal as one of Canada’s foremost environmental lawyers.
