Josh Jantzi
SocioJosh Jantzi co-chairs DLA Piper’s Regulatory and Environmental Law group for Canada and is a partner in the Calgary, Vancouver, and Toronto offices. Josh has a highly regarded litigation and administrative law practice with a focus on environmental, energy regulatory, natural resource, Indigenous, transportation, municipal, and constitutional matters, and he enjoys continued peer recognition for excellence in that regard in Lexpert, Legal 500 Canada, and The Best Lawyers in Canada.
Josh has acted for energy and mining companies in precedent-setting cases in the regulatory review and environmental impact assessment of resource development, most notably before the Supreme Court of Canada in Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41.
Josh was called to the bars of Ontario and Alberta in 2006 after serving as judicial law clerk to the Hon. Mr. Justice M.A. Kelen (Federal Court, Ottawa). Since then, Josh has presented cases before the Supreme Court of Canada, the superior courts of Alberta, British Columbia and Ontario, the Federal Court and Federal Court of Appeal, the Tax Court of Canada, Alberta Utilities Commission, Alberta Environmental Appeals Board, Ontario Land Tribunal (and its predecessors), Ontario Ministry of the Environment, Conservation and Parks, BC Environmental Appeal Board, BC Utilities Commission, BC Agricultural Land Commission, Subdivision and Development Appeals Boards (SDABs), and other municipal authorities. He has also acted in proceedings before the Canada Energy Regulator, Environmental Protection Tribunal of Canada, Alberta Energy Regulator, Alberta Natural Resources Conservation Board, BC Environmental Assessment Office, and BC Oil and Gas Commission.
Josh's environmental law practice includes acting in: investigations; impact assessment; land and water use; management of contaminated sites and brownfield redevelopment; waste management and diversion; spills reporting and remediation; carbon pollution pricing and emissions credits; the lifecycle regulation of chemical substances; licensing, permitting, and product stewardship; protection of species at risk and cultural heritage; transportation of dangerous goods, environmental risk in corporate transactions; prosecuting and defending against enforcement action; acting on behalf of regulators; administrative reviews and appeals before tribunals; and related civil litigation.
Josh's regulatory practice includes development, review and assessment of energy and natural resource projects including pipelines, upstream PNG production, LNG facilities, biogas and RNG facilities, hydro power plants, fracking operations and gas plants, wind farms, solar farms, marine terminals and shipping, water diversion works, open pit mines, forest product facilities, and waste management facilities.
Josh's Indigenous law practice includes challenges to government decisions grounded in the Crown's duty to consult and accommodate regarding asserted and proven Treaty and Aboriginal rights and title, in matters of treaties and land claim agreements, consultation protocols, impact and benefit agreements, governance issues, and customary Indigenous laws.
Josh's municipal law practice includes land use planning, development permitting, property assessment, licence and expropriation matters, and drafting subordinate legislation. Josh presents proceedings before municipal councils, SDABs, municipal government boards, other local regulators, and before the Courts.
Josh's civil litigation and arbitration practice includes contract, tort and IP disputes spanning the energy, construction, aviation, telecommunications, infrastructure and PPP industry sectors. He maintains a significant practice litigating matters before the Federal Courts.
Josh has instructed the University of Calgary Faculty of Law full credit Aboriginal Law course for several years and serves as a guest instructor of the law school's North American Energy Law, Transportation Law, and Negotiation courses.
Josh is an officer of the Canadian Bar Association (CBA)'s National Environmental, Energy and Resources Law section (Past Chair), and sits on the executive of the National Aboriginal Law and Administrative Law sections. He is an officer of the CBA Alberta Administrative law section (Treasurer) and Aboriginal Law section (Case Review). Josh represents the practicing bar on the Federal Courts Bench and Bar Liaison Committee.
EXPERIENCE
Notable Cases Presented:
- Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2017 SCC 41.
- Clemina Hydro Power Limited Partnership v British Columbia Hydro and Power Authority, 2022 BCSC 25.
- R. v. University of British Columbia, 2021 BCCA 188.
- Visions Electronics Limited Partnership (Visions Electronics) v. Canada (Attorney General), 2021 FC 478.
- Cherokee Canada Inc v Alberta, 2021 ABQB 848.
- Signal Hill Manufacturing Inc v Canada Revenue Agency, 2021 ABQB 460.
- R. v University of British Columbia, 2020 BCSC 1126.
- Visions Electronics Limited Partnership (Visions Electronics) v. Canada (Attorney General), 2021 FC 478.
- Cherokee Canada Inc. et al. v. Director, Regional Compliance, Red Deer-North Saskatchewan Region, Operations Division, Alberta Environment and Parks (18 March 2020), Appeal Nos. 16055-056, 17-073-084, and 18-005-010-CD (A.E.A.B.), 2020 ABEAB 10.
- Cherokee Canada Inc. et al. v. Director, Red Deer-North Saskatchewan Region, Alberta Environment and Parks (10 February 2020), Appeal Nos. 16-055-056, 17-073-084, and 18-005-010-ID3 (A.E.A.B.), 2020 ABEAB 7.
- GFL Environmental Inc. v. Wheatland County, 2019 ABQB 976.
- Whalen v. Fort McMurray No. 468 First Nation, 2019 FC 732.
- Whalen v. Fort McMurray No. 468 First Nation, 2019 FC 1119.
- Cherokee Canada Inc. et al. v. Director, Regional Compliance, Red Deer-North Saskatchewan Region, Operations Division, Alberta Environment and Parks (26 February 2019), Appeal Nos. 16-055-056, 17-073-084, and 18-005-010-R (A.E.A.B.), 2019 AEAB 1.
- Cherokee Canada Inc. and 1510837 Alberta Ltd. v. Director, Red Deer-North Saskatchewan Region, Alberta Environment and Parks (21 December 2018), Appeal Nos. 16-028, 029, 034 and 035-ID1(A.E.A.B.), 2018 AEAB 22.
- Cherokee Canada Inc. et al. v. Director, Red Deer-North Saskatchewan Region, Alberta Environment and Parks (2 August 2018), Appeal Nos. 16-055-056, 17-073-084 and 18-005-010-ID2 (A.E.A.B.) 2018 AEAB 7.
- Cherokee Canada Inc. et al. v. Director, Red Deer-North Saskatchewan Region, Alberta Environment and Parks (4 May 2018), Appeal Nos. 16-052-056-ID1 (A.E.A.B.), 2018 AEAB 4.
- Athabasca Minerals Inc. v. Syncrude Canada Ltd., 2017 ABQB 47.
- Rytec Corporation v. Emergency Door Service Inc. et al, 2017 FC 34.
- Syncrude Canada Ltd. v. Canada (Attorney General), 2016 FCA 160.
- Coastal First Nations v. British Columbia (Environment), 2016 BCSC 34.
- Chippewas of the Thames First Nation v. Enbridge Pipelines Inc., 2015 FCA 222, [2016] 3 FCR 96.
- Syncrude Canada Ltd. v. Canada (Attorney General), 2015 FCA 38.
- Forest Ethics Advocacy Association v. Canada (National Energy Board), 2014 FCA 245, [2015] 4 FCR 75.
- Forest Ethics Advocacy Association v. National Energy Board, 2014 FCA 88.
- Leroux v. Canada Revenue Agency, 2014 BCCA 355, [2014] G.S.T.C. 118.
- Syncrude Canada Ltd. v. Canada (Attorney General), 2014 FC 776.
- Alberta Electric System Operator, Re, 2014 CarswellAlta 648, AUC Decision 2014-110.
- Forest Ethics Advocacy Association v. Canada (National Energy Board), 2013 FCA 236.
- Gitxaala Nation v The Minister of Transport et al, 2012 FC 1336, 421 FTR 169.
- Stoney Tribal Council v. Imperial Oil Resources Limited, 2012 ABQB 557, 547 AR 369.
- Stoney First Nation v Shotclose, 2011 FCA 232, 422 NR 191.
- Shotclose v Stoney First Nation, 2011 FC 1051, 396 FTR 270.
- Shotclose v Stoney First Nation, 2011 FC 750, 392 FTR 115.
- Woodworth v. The Queen, 2010 TCC 220.
- Alliance Pipeline Ltd. v. Smith, 2009 FCA 110, rev’d 2011 SCC 7, [2011] 1 SCR 160.
- Horseman v. Horse Lake First Nation, 2009 FC 368.
- Stoney Tribal Council v. Petro-Canada, 2009 ABQB 430, 478 AR 198.
- Inglés
- JD (First Class Hons), University of Alberta, 2005
- BSc, (Honours) University of British Columbia, 2000
Awards
- Best Lawyers in Canada, (Aboriginal Law) 2023-2025
- Canadian Legal Lexpert Directory, 2020-2024
- Lexpert Special Edition, Energy, 2022-2021
- Lexpert Special Edition, Mining, 2020
- Best Lawyers in Canada, 2019-2022
- The Legal 500 Canada, 2019, 2021, 2024
Publications
- Co-author, “BC Supreme Court Finds $20,000 Mines Act Security Decision Unreasonable”, November 4, 2021
- Co-author, “Legal Environment: 10 Tips for Canadian Companies When Environmental Regulators Call”, August 16, 2021
- Co-author, “BC Continues To Advance Its Transition To Clean Energy Through Its New Hydrogen Strategy", July 26, 2021
- Co-author, “BC Court Finds That Cumulative Effects Infringe Treaty Rights”, July 26, 2021
- Co-author, “Hydrogen: The Next Clean Energy Frontier”, February 4, 2021
- Co-author, “Alberta's New Liability Management Framework And A Backgrounder On The Evolving Site Rehabilitation Program”, August 8, 2020
- Co-author, “The maturation of the duty to consult: Top ten developments of 2017 in Canadian Aboriginal Law”, February 9, 2018
- Co-author, “Ktunaxa Nation: The Supreme Court returns to Haida first principles in dismissal of ski hill duty-to-consult case”, November 8, 2017
- Author, "Supreme Court of Canada clarifies when regulatory bodies may fulfil the Crown's duty to consult Aboriginal peoples", published by International Law Office in partnership with the Association of Corporate Counsel, International Bar Association, American Bar Association Section of International Law, and Inter-Pacific Bar Association (2017: London, UK), September 19, 2017
- Co-author, "Supreme Court of Canada clarifies when regulatory bodies may fulfil the Crown's duty to consult Aboriginal peoples", August 15, 2017
- Co-author, "New Resource Revenue, Transparency Legislation: An Emerging Global Consensus", International Mining and Oil & Gas Law, Development, and Investment 1-1 (Rocky Mt. Min. L. Fdn. 2017), June 2017
- Co-author, "Aboriginal consultation and project development", Prepared for the inSight 9th Annual Western Canada Aboriginal Law Forum, 2012
- Co-author, "Secondary Market Civil Liability: A Sword for Investors or a Shield for Issuers and Other Market Participants?" (2009) Ann. Rev. Civ. Lit 487 (2009: Toronto, Thomson Carswell), eds.: the Hons. Mr. Justice T.L. Archibald and the Late Mr. Justice R.S. Echlin (Ont. S.C.J.), 2009
- Co-author, "Natural Health Product Regulation in Canada: Recent Changes, Proposed Changes, and the Politico-legal Dimensions”, Journal of Pharmaceutical Finance, Economics & Policy (2007), Vol. 16(4) at 15-34, 2007
Community Involvement
- Alberta Theatre Projects, Director
- Pro Bono Law Alberta, Court of Queen’s Bench of Alberta Amicus Project, counsel
- Pro Bono Law Alberta, Civil Claims Duty Counsel Project - Calgary, counsel
Memberships And Affiliations
- Law Society of British Columbia
- Law Society of Alberta
- Law Society of Ontario
- Federal Courts Bench and Bar Liaison Committee
- Rocky Mountain Mineral Law Foundation
- Canadian Energy Law Foundation
- Canadian Bar Association
