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Publications - Martin Olszynski

Journal Articles (Peer-Reviewed)

  • "Failed Experiments: An Empirical Assessment of Adaptive Management in Alberta's Energy Resources Sector" (2017) U.B.C. Law Review (Forthcoming)
  • "Authorized Net Losses of Fish Habitat Demonstrate Need for Improved Habitat Protection in Canada" (2017) Can. J. Fish. Aquat. Sci. (Forthcoming) (with Dr. Brett Favaro)
  • "Does Slow and Steady Win the Race? Ecosystem Services in Canadian and Chilean Environmental Law and Policy" (2016) Ecosystem Services (with Justice Roberto Pasten and Justice Michael Hantke-Domas)
  • “From ‘Badly Wrong’ to Worse: An Empirical Analysis of Canada's New Approach to Fish Habitat Protection Laws” (2015) 28(1) J. Env. L & Prac. (SSRN)
  • “Environmental Assessment as Planning and Disclosure Tool: Greenpeace Canada v. Canada (Attorney General)” 38(1) (2015) Dalhousie Law Journal (SSRN)
  • “Ancient Maxim, Modern Problems: De Minimis, Cumulative Environmental Effects and Risk-based Regulation” (2015) 40:2 Queen's LJ 705 (SSRN)
  • “Can Environmental Laws Fulfill their Promise? Stories from Canada” (2014) 6(9) Sustainability pp.6024-6048 (with Nigel Bankes and Sharon Mascher)
  • “Environmental Monitoring and Ecosystem Management in the Oil Sands: Spaceship Earth or Escort Tugboat?” (2014) 10(1) McGill JSDLP 1 (SSRN)
  • “Environmental Damages after the Federal Environmental Enforcement Act: Bringing Ecosystem Services to Canadian Environmental Law?” (2012) 50(1) Osgoode Hall L. J. 129 (SSRN)
  • “Old Puzzle, New Pieces: Red Chris and Vanadium and the Future of Federal Environmental Assessment” (2011) 89 Can. Bar. Rev. 445 (case comment with Marie-Ann Bowden) (SSRN)
  • “Adaptive Management in Canadian Environmental Assessment Law: Exploring Uses and Limitations” (2010) 21 J. Env. L. & Prac. 1 (SSRN)
  • “The Commoditization of Canadian Water: Exploring International Trade Implications” (2006) 68 Sask. L. Rev. 221 (SSRN)
  • “Hoffman v. Monsanto Canada Inc.: Looking for a Generous Approach to the Elephant in the Garden” (2006) 16 J. Env. L. & Prac. 53 (case comment)
  • “The Assessment of Environmental Damages Following the Supreme Court's Decision in Canfor” (2005) 15 J. Env. L. & Prac. 257 (SSRN)

Other Articles, Presentations and Publications

  • "Recent Research Insights: Adaptive Management in the Oil Sands" presented at the Canadian Energy Research Institute's (CERI) 2017 Oil and Gas Symposium, Where Do We Go From Here? (Calgary, AB, March 2017)
  • Keynote Panel Debate” at Making Waves: Environmental Policy and Practical Change, the 5th Conference of the Canadian Association of Environmental Law Societies (CAELS) (Ottawa, ON, February 2017)
  • "Avoiding the 'Tyranny of Small Decisions': A Canadian Environmental Assessment Regime for the 21st Century": Submission to the Federal Expert Panel Review of Environmental Assessment Processes (Calgary, AB, November 2016)
  • "Fisheries Act Review: An Empirical Analysis of the Section 35 Regime and Recommendations for Reform": Submission to the House of Commons Standing Committee on Fisheries and Oceans (Ottawa, ON, October 2016)
  • "The Duty to Consult and Accommodate: An Overview and Discussion" prepared for the Canadian Chamber of Commerce (September, 2016)
  • "Experiments Gone Wrong? An Empirical Analysis of Adaptive Management in Canada's Energy Resources Sector" presented at the Sabin Colloquium on Innovative Environmental Law Scholarship, Columbia Law School (New York, NY, May 2016)
  • "Compliance and Enforcement in Canadian Environmental Law: A Crisis in the Making?" presented at Symposium on Environment in the Courtroom (V): Inspections and Enforcement Issues: Onsite and in Court, Canadian Institute of Resources Law (CIRL) (Ottawa, ON, 2016)
  • "The Past, Present and Future of Environmental Assessment in Canada" presented at Environmental and Social Assessment Forum, Columbia Mountains Institute for Applied Ecology (Cranbrook, BC, February 2016)
  • "Recognizing and Protecting Ecosystem Services" presented at Imagineering a Compassionate Calgary, Change-Makers for a Healthier Future (Calgary, AB, November 2015) (VIDEO)
  • "Ecosystem Services in the Courts and other Adjudicative Contexts: The Canadian Experience" presented at Adjudication of Environmental Disputes, a conference organized by Chile's 3rd Environmental Court (Valdivia, Chile, November 2015)
  • "An Abdication of Responsibility: Assessing Canada's Habitat/Fisheries Protection Regime" presented at 'Après...le Déluge': Future Directions for Environmental Law and Policy in Canada, the Journal of Environmental Law and Practice's 5th Biennial Conference (Calgary, AB, June 2015)
  • "The Horse is There But Will it Ever Drink? Environmental Damages and Bill C-46" The Negotiator (Canadian Association of Petroleum Landmen) (2015) June at 11 – 15
  • "Environmental Damages under Bill C-46 (Pipeline Safety Act): Formal Briefs to the House of Commons Standing Committee on Natural Resources (Ottawa, ON, April 2015) and the Senate Committee on Energy, the Environment and Natural Resources (Calgary, AB, May 2015 (via webcast))
  • "Tort Liability of Public Authorities: 'Chaotic and Uncertain, with No End in Sight,'" presented to the Environmental Law section of the CBA-Alberta South Section meeting (Calgary, AB, May 2015)
  • "Hydraulic Fracturing: A Primer and Overview of Western Canadian Regimes" presented at Igniting a Spark, the 3rd Conference of the Canadian Association of Environmental Law Societies (CAELS) (Calgary, AB, February 2015)
  • "Revisiting Regulatory Negligence: The Ernst Fracking Litigation" The Negotiator (Canadian Association of Petroleum Landmen) (2014) December at 11 – 15
  • "Keeping the Rivers Flowing: The Potential Role of the Fisheries Act" presented at As Long as the Rivers Flow: Coming Back to the Treaty Relationship in our Time (Fort McMurray, AB, June 2014)
  • "Getting a Perspective on Project Proposals in a Shifting Regulatory Landscape: The Federal Regime" presented at the Pacific Business Law Institute's (PBLI) conference on Aboriginal Law 2014: Current Issues (Vancouver, BC, May 2014)
  • "The Law and Economics of Environmental Harm: A Primer and Update for Environmental Sentencing" presented at Symposium on Environment in the Courtroom (III): Environmental Sentencing, Canadian Institute of Resources Law (CIRL) (Halifax, NS, February 2014) (with Peter Boxall) (Parts I, II) (Parts III – V)
  • "The Trend Towards 'Adaptive Management" Lawyer's Weekly Vol. 33, No. 34 (January 24, 2014)
  • "Who Should Prosecute II: Intragovernmental Issues" presented at Symposium on Environment in the Courtroom (II): Environmental Prosecutions, Canadian Institute for Resources Law (CIRL) (Ottawa, ON, 2013)
  • "Recognizing the Value of Nature in Environmental Sentencing: Applying the Ecosystem Services Framework" (with Andrew Kadykalo) presented at Thinking Big and Small: Inaugural Conference of the Canadian Association of Environmental Law Students (CAELS) (Ottawa, ON, 2013)
  • "The Alberta Oil Sands: Fuelling Innovation in Environmental Law and Policy?" presented at the 23rd Annual Meeting of the Canadian Bar Association – National Environment, Energy and Resources Law Section (NEERLs) and Justice Canada (Ottawa, ON, 2011)
  • "Thirty Years after Berger Report, Joint Review Panel Gives MGP Green Light" Eco-bulletin, Canadian Bar Association – National Environmental, Energy and Resources Law Section Newsletter (March 2010)
  • "Recent Developments in Environmental Assessment" (co-panellist with John Dodsworth, Department of Justice, Canada), presented at the 19th Annual Meeting of the Canadian Bar Association – National Environment, Energy and Resources Law Section (NEERLs) and Justice Canada (Ottawa, ON, 2009)