First Lawyers of MOE

By Linda McCaffrey, Minoo Khoorshed, Jerry Herlihy

Our guests talk about environmental cases they were involved in, many of which helped shape Ontario’s environmental law.

First Lawyers of MOE – Part 1 – Introduction + Regina vs. Sault Ste Marie and Spanish River Spill

First Lawyers of MOE – Part 2 – Kenora PCB spill, Canada Metals, Bata and the Trent River

First Lawyers of MOE – Part 3 – Inco nickle poisoning + Walkerton

First Lawyers of MOE – Part 4 – Mercury + MOE’s first civil law suit

First Lawyers of MOE – Part 5 – The legal branch, then and now

News Clips and Other Documents

The Kam Kotia Mine Disaster [PDF]

The Canada Metals Story [PDF]

The Inco Case [PDF]

Spanish River Spill [PDF]

Walkerton Tragedy [PDF]

Ontario’s Ministry of the Environment established their legal branch in July, 1972. Linda McCaffrey was hired as a lawyer in October that year and worked with director, Neil Mulvaney, to establish the foundation of the branch. Shortly after, Minoo Khoorshed and Jerry Herlihy joined. In this story, they talked about how and why they became lawyers at the MOE, the cases they were involved in and their views of the legal branch today.

As you listen to the story, you may not be familiar with some legal terms. Here are some references that may be able to help:

Adjournment: Suspending a legal proceeding to a future time.

Arbitration: A method of alternative dispute resolution in which the parties agree to submit their dispute to a neutral person or group for a decision.

Civil liability: potential responsibility for payment of damages (as distinguished from criminal liability).

Disclosure: The release of documents and other information about a person or entity.

Due diligence: A legal defense against conviction or civil liability where the defendant establishes that it took all reasonable steps to prevent committing an offence or causing harm to other persons or their property.

IEB: the Ontario Ministry of the Environment’s Investigation and Enforcement Branch

Motion: In litigation, a formal request to a court for a specific action.

Opined: Held or expressed an opinion.

Prosecution: The act of pursuing a criminal lawsuit against an offender, or, the party pursuing the criminal prosecution.

Liability: A legally enforceable obligation.

ABOUT BEGINNINGS

Beginnings is a project initiated by the Environmental Commissioner of Ontario in celebration of the 20th anniversary of the Environmental Bill of Rights. It captures the stories and memories of the people who were involved in the significant environmental events and organizations. Tune in to hear how they contributed to the evolving history of environmental protection in Ontario.

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