Charles Birchall
Of Counsel
Certified Specialist in Environmental Law by The Law Society of Ontario
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123 Slater Street, Suite 700
Ottawa, ON, Canada, K1P 5H2
Bio
At the core of his legal work, Charles Birchall is an advocate with a talent for efficiently finding creative solutions.
Over his 40-year career in environmental law, he has developed a unique ability to listen, pinpoint exactly what clients are looking for, and find solutions that are not necessarily the norm.
As a Certified Specialist in Environmental Law by the Law Society of Ontario, Charles handles impact and environmental assessments, and due diligence cases, and advises clients about how to assess and manage legal risk. He reviews environmental components of sale and purchase agreements and has extensive experience advising clients about environmental compliance relating to contamination issues, remediation, and permit and approvals requirements. He also advises about the environmental aspects of corporate commercial negotiations and transactions. Charles defends clients subject to government investigation and prosecution for breaches of environmental laws and orders and has appeared before parliamentary committees in the Senate of Canada and House of Commons of Canada on proposed environmental legislation.
Charles advises clients about climate change by advising them about how to manage environmental impacts and reduce carbon footprints. He also advises corporate officers and directors to ensure they are identifying and managing risks associated with administrative decision-makers' environmental liability, Indigenous consultations and partnerships, and climate change and related issues. His approach to Indigenous legal issues is to provide advice that gives communities opportunities to engage and be decision-makers on their terms and for their interests. Charles works with First Nations communities and government agencies to assist Indigenous communities with transactions, impact assessments, and in dealings with various governments.
Industry proponents count on Charles for advice in dealing with Northern boards and tribunals. He understands the nuances of processes, allowing him to skilfully navigate and advise on projects through each step of the legal process. This experience helps Charles advise clients about natural resource development in Canada’s Northern territories, and Indigenous legal issues and consultation in the mining, infrastructure and energy sectors. He also acts as counsel to boards and tribunals in the North and spends time with clients reviewing current or proposed natural resource projects.
Clients can expect Charles to listen, provide timely communications, and find solutions that will meet their objectives and needs. A great communicator, he seeks to understand clients’ businesses, concerns, and especially what is top of mind for them
Education
- Certified as a Specialist in Environmental Law by the Law Society of Ontario (2015)
- Called to the bar of Nunavut (2014)
- Called to the bar of the Northwest Territories (2014)
- LL.M., Common Law, Faculty of Law, University of Ottawa (2006)
- Alternative Dispute Resolution Workshop, University of Windsor Law School (2000)
- Called to the bar of Ontario (1981)
- LL.B., Faculty of Law, Queen’s University (1979)
- B.A. (Hons.), Political Science, University of Toronto (1976)
Organizations
- Canadian Bar Association—National Environmental, Energy and Resources Law Section (Executive Committee member (2005-) and Chair (2012-2013)
- Ontario Bar Association—Environmental Law Section member (1989-); Natural Resources & Energy Law Section member (2000-); Aboriginal Law Section member (2006-)
- Mining Association of Canada—member
- Prospectors and Developers Association of Canada—member
- Ontario Association for Impact Assessment—Director
- Northwest Territories & Nunavut Chamber of Mines
- Air and Waste Management Association—Ottawa Valley Chapter
- Ottawa Construction Association
- County of Carleton Law Association—member (2015-)
- Canadian Arctic Resources Committee—past Chair (2001-2012)
- Canadian Council on Social Development—past Chair (1996-1999); Board Member (1990-1999)
- Ontario Red-Tape Review Commission—Advisory Committee member (1996-1997)
- Conference Board of Canada—Business and Environmental Research Program, Advisory Committee member (1990-1994)
- Law Society of Ontario—member
News
Publications
Events
Work Highlights
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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. -
Northern: Advice to Federal Government About Land Claims
Advised the federal government regarding Comprehensive Land Claims and Implementation Agreements. -
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. -
Environmental Prosecutions and Orders: 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. -
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. -
Environmental Compliance: 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 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 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.