Bio
Charles J. Birchall has over 30 years’ experience devoted exclusively to environmental law and the intersection of environmental law with Indigenous legal issues, consultation and economic development. Charles has particular expertise with environmental impact assessment and compliance, contaminated lands development and energy law. Charles is called to the bar in Ontario, Nunavut and Northwest Territories.
Rankings and Awards
- Certified Environmental Law Specialist, Law Society of Ontario, since 2015
- Named Best Lawyers® 2013 “Lawyer of the Year”—Toronto Environmental Law
- Peer selected annually to The Best Lawyers in Canada©—Environmental Law
- Named annually to Who’s Who Legal—Canada© for Environment and the international Who’s Who Legal—Environment©
- Named Best Lawyers® 2022 “Lawyer of the Year”—Aboriginal Law
Environmental Assessment
Chuck advises clients across Canada including the northern territories about environmental assessment issues raised by mining, oil and gas and energy and infrastructure projects. He has acted and continues to act for Joint Review Panels conducting environmental assessments of oil sands projects in northern Alberta.
Environmental Compliance
Chuck has extensive experience advising clients about environmental compliance respecting contamination issues, remediation and approvals requirements. He also provides advice about environmental aspects of corporate/commercial negotiations and transactions.
Environmental Prosecutions and Orders
Chuck defends clients being investigated or prosecuted for breaches of environmental laws and Orders.
Northern and Aboriginal
Chuck advises a variety of clients including northern environmental boards and tribunals respecting natural resource development in Canada’s northern territories. Chuck also advises clients about Aboriginal law and consultation in the mining, infrastructure and energy sectors.
Environmental Legislation, Policies & Agreements
Chuck advises clients and has appeared before Parliamentary Committees in the Senate and House of Commons on proposed environmental legislation.
Clients
- Industrial companies
- Municipalities
- Land developers, property owners, landlords, tenants
- Construction companies
- Mining, exploration and other resource companies
- Environmental assessment panels
- Northern boards and tribunals
- Northern governments
- Aboriginal communities and businesses
- Inuit and Inuvialuit organizations
Representative Work
Environmental Assessment
- Counsel to Joint Review Panels Conducting Oil Sands Environmental Assessments in Alberta—Acted for Joint Review Panels conducting environmental assessments (EA) of the Joslyn North Mine and the Jackpine Mine Expansion Project, and current counsel to the Joint Review Panel conducting an EA of the Pierre River Mine.
Environmental Compliance
- Negotiations for Contaminated Site Clean-Up—Acted for the developer of an industrial site about a former tenant’s clean-up of contamination at the site. Negotiated with the tenant’s legal counsel to ensure that clean-up met all required environmental standards for industrial/commercial properties.
- Environmental Aspects of Sale of Mining Business—Acted for a producer, processor and developer of rare earth metals in the successful sale of the business to a mining company for approximately $1 billion. Environmental law services included environmental due diligence, and reviewing environmental components of the Sale and Purchase agreement.
Environmental Prosecutions and Orders
- Construction Company Defence for Discharge of Sediment into Water—Defended a major construction company against violations of the Ontario Water Resources Act respecting the discharge of sediment into a water body.
- Regulatory Investigation of Hazardous Waste Removal Company—Acted for a hazardous waste removal company concerning an investigation of an alleged breach of its Certificate of Approval, resulting in charges not being laid against the client.
Northern
- Water Law Advice to a Northern Board—Advised the Mackenzie Valley Land and Water Board about developing a Water/Effluent Quality Management Policy, including conducting a comparative analysis of water law regimes in Ontario, Saskatchewan and Manitoba.
- Advice to Federal Government About Land Claims—Advised the federal government regarding Comprehensive Land Claims and Implementation Agreements.
Environmental Legislation, Policies & Agreements
- Appeared before Parliamentary Committees on the Species at Risk Act, Yukon Environmental and Socio-Economic Assessment Act, Canadian Environmental Assessment Act and other environmental legislation.