Environmental Defence

Regulatory enforcement proceedings and the criminal prosecution for breach of environmental laws can have serious consequences for a business. In addition to exposing corporations to significant penalties for failure to comply, environmental legislation also allows for the prosecution of corporate officers, directors and employees. Conviction can mean significant personal fines, incarceration and negative impacts on the brand and reputation of a business.

Fasken Martineau's environmental litigation group has extensive experience in responding to enforcement proceedings, in and out of courtrooms, throughout Canada. If you or your organization is investigated for an alleged environmental infraction, we will provide advice that is geared toward reducing the likelihood that charges will laid. If the matter is prosecuted, we will provide a clear assessment of your case and present you with a plan to defend it successfully or to negotiate an appropriate settlement.

Recent experience includes acting as defence counsel for an oil & gas company in Fisheries Act prosecution arising from exploration activity; and as counsel to a chemical plant being subjected to regulatory inspection and enforcement proceedings and a simultaneous criminal investigation for alleged permit violations.