name

Michelle Jones

Associate
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Lawson Lundell LLP

British Columbia, Canada
    Local Time: Friday 02:00

Practice Expertise

  • Aboriginal Law
  • Administrative Law
  • Constitutional Law
  • Environmental

Areas of Practice

  • Aboriginal Law
  • Administrative Law
  • Constitutional Law
  • Environmental
  • Litigation
  • Occupational Health & Safety
  • Project Law
  • Public Law
  • Public Utility and Regulatory
  • View More

WSG Practice Industries

WSG Leadership

  • WSG Coronavirus Task Force Group - Member

Profile

Michelle's practice is focused on aboriginal law, and environmental law. She also advises clients (primarily employers) on occupation health and safety matters. Michelle's practice primarily involves administrative and regulatory proceedings, and associated litigation proceedings.

In the area of Aboriginal law, Michelle counsels government, Crown corporations and private sectors clients on the extent of the duty to consult and, if necessary, accommodate potentially affected Aboriginal interests. In so doing, Michelle assists clients in identifying potentially affected Aboriginal groups, assessing the requisite level of consultation, developing and implementing adequate consultation processes, and where appropriate, negotiating impact and benefit agreements. Michelle has successfully defended the adequacy of consultation processes before regulatory tribunals and courts and on appeal.

In the area of Environmental law, Michelle's experience includes assisting clients through the environmental assessment process and defending permits and approvals once obtained. Michelle also advises clients respecting compliance with environmental laws and regulations, due diligence and environmental auditing. She assists clients in reviewing, developing and implementing corporate environmental policies, operating manuals, and standard operating procedures.

In the area of Occupational Health and Safety, Michelle advises employers on ensuring compliance with their regulatory obligations, particularly in the area of incident investigation and reporting. Michelle assists in reviewing, developing and implementing clients' corporate occupational health and safety policies and procedures to ensure that they meet the requisite standard. Michelle has successfully defended clients against workers claims and WorkSafeBC administrative penalties before the Workers Compensation Board, the Review Division, the Workers Compensation Appeal Tribunal and the BC Supreme Court.

Michelle has appeared before a number of regulatory tribunals including the British Columbia Utilities Commission, the National Energy Board and BC's Workers Compensation Appeal Tribunal and has represented clients before trial and appellant level courts in British Columbia, the Northwest Territories and Nunavut.

Michelle is also a regular contributor to the Project Law Blog, a resource that updates proponents on developments in the law and policy that applies to the development of major projects in Canada.

Prior to joining Lawson Lundell LLP, Michelle clerked for the Federal Court of Canada, Trial Division in Ottawa. Prior to becoming a lawyer, Michelle worked on Parliament Hill and for the federal public service. She has firsthand knowledge of the workings of governments and advises clients on policy matters.

Bar Admissions
British Columbia (2009)
Northwest Territories (2011)
Nunavut (2011)

Education
* University of Ottawa (BSocSc, Hons. 2004)
* University of Ottawa (LL.B., 2007)

Areas of Practice

  • Aboriginal Law
  • Administrative Law
  • Constitutional Law
  • Environmental
  • Litigation
  • Occupational Health & Safety
  • Project Law
  • Public Law
  • Public Utility and Regulatory

Professional Career



Professional Associations
*Canadian Bar Association, Member of Aboriginal, Administrative and Environmental Sections
*Vancouver Bar Association, Member
*Access Justice Pro Bono, Regular Volunteer for Courthouse Clinic
*Provided pro bono services in connection with public interest litigation (e.g. to the British Columbia Civil Liberties Association in Victoria (City of) v. Adams before the BC Court of Appeal)
*Project Law Blog, Contributor

Seminars
"An Update on Cases and Practise Tips on Consultation”, Aboriginal Resources and Economic Development Forum, Insight Information, Winnipeg, MB (June 6-7, 2012), Presenter

"Aboriginal Consultation Case Update", 9th Annual Western Canada Aboriginal Law Forum, Insight Information, Vancouver, BC (May 28-29, 2012), Presenter

"Duty to Consult Case Law as it Continues to Evolve", 10th Annual Aboriginal Law Conference, Insight Information, Toronto, ON (October 24-25, 2011), Co-speaker

"Public and First Nation Consultation", Understanding Environmental Regulations Course, Educational Program Innovations Center (EPIC), Vancouver, BC (February 2 - 4, 2011)

Articles

Additional ArticlesSCC clarifies that provincial superior courts can decide the lawfulness of federal legislation if doing so is a “necessary step” in resolving the claim before them (July 15, 2015), Co-author

Recently Enacted Regulations Impose New Health and Safety Requirements on Federally Regulated Businesses (July 9, 2015), Author

New Employer Occupational Health and Safety Obligations Now in Force (May 19, 2015)

Proposed Changes to Enhance Compliance and Enforcement Powers for WorkSafeBC (February 13, 2015), Michelle Jones

"The Crown's Duty to Consult Aboriginal Peoples: Towards an understanding of the source, purpose and limits of the duty", Alberta Law Review, Volume 49, No 4 (May 2012), Co-author with Chris W. Sanderson and Keith B. Bergner

"Supreme Court of Canada Confirms Utility of Administrative Law in Aboriginal Consultation Cases", Regulatory Boards and Administrative Law Litigation Journal (August 2011), Co-Author with Chris W. Sanderson

Lawson Lundell represents BC Hydro in the $825 million purchase of a 1/3 interest in the 493 megawatt Waneta Dam from Teck Metals Ltd. (March 22, 2010)

Blogs

Labour & Employment Law Blog

Lawson Lundell's Labour and Employment Law Blog provides updates on the most recent legal developments impacting the Canadian workplace and offers practical tips for employers. We cover a range of topics, including labour relations, employment law, collective bargaining, human rights, employment standards, employment equity, workers' compensation, business immigration, privacy, occupational health and safety and pensions and employee benefits.

Project Law Blog

The Lawson Lundell Project Law Blog focuses on updating proponents on new and interesting issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters and aboriginal consultation.

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