Curriculum Vitae

David McRobert

Barrister and Solicitor
Toronto, Ontario

 

 

EDUCATION

Bar Admission Course, Ontario, 1989-90

Master of Law (LL.M.) Candidate, Osgoode Hall Law School, York University 

Bachelor of Law (LL.B.), Osgoode Hall Law School, York University, 1984-1987

Master in Environmental Studies (MES), York University, 1981-1984

Area of Concentration:  Northern Development and Biological Conservation

Bachelor of Science (B.Sc.; Biology), Trent University, 1977-1980

EMPLOYMENT HISTORY

Position:  In-House Counsel/Senior Policy Advisor, November 1994 - Present

Employer:  Environmental Commissioner of Ontario (ECO)

Duties: advise the Environmental Commissioner on law and policy related to the Environmental Bill of Rights, 1993 and the mandate and jurisdiction of the ECO; participate on ECO management team and act as legal counsel to the ECO management team in dealing with human resource and employment issues, compliance with provincial and federal laws and other issues; develop legal memos, policy papers and internal policy manuals for ECO; prepare submissions to the Ontario Legislature, government ministries, and other regulatory or advisory bodies; prepare presentations by the Commissioner; manage legal department and supervise legal and research staff (including three lawyers) on policy, legal and research projects; work with outside counsel; represent ECO in liaison with ministries and other stakeholders on a wide range issues including ministry reporting to the ECO;  and coordinate internal committees.

Position:  Senior Policy and Research Analyst, December 1993 - November 1994

Employer:  Workplace Health and Safety Agency

Duties:  conducted research, policy work and legal analyses on workplace health and safety issues in Ontario and Canada; developed policy papers for Agency consultation processes on accreditation, first aid, program planning and evaluation; prepared submissions to the Ontario government, royal commissions, the Ministry of Labour and other regulatory or advisory bodies; prepare academic and conference papers for presentations by Agency CEOs; supervised junior staff; represented Agency in liaison with MOL and other stakeholders; and coordinated internal task forces and committees.

Position:  Community Liaison Coordinator, June 1993 - December 1993

Employer:  Ontario Round Table on Environment and Economy (ORTEE)

Duties:  undertook liaison work with communities and organizations in Ontario promoting sustainability including: local round tables, green communities, First Nations, labour unions, and environmental groups; supervised and coordinated work on a survey of sustainability activities in Ontario in 1993; prepared and edited ORTEE's newsletter; provided technical and research support for ORTEE's Sustainable Communities Working Group; undertook liaison with staff and senior officials in Ontario Hydro, MOEE, Canada Trust and other stakeholder groups.

Position:  Senior Policy and Programs Analyst, Policy and Programs,
February 1993 - May 1993

Employer:  Waste Reduction Office, Ministry of the Environment

Duties:   conducted research and writing for "Roles and Responsibilities" Paper and accompanying "CIPSI/MOEE Backdrop Regulations" (dealing with financing waste management and product stewardship); undertook policy analysis and legal research; prepared correspondence, briefing notes, and presentations to stakeholders related to the 3Rs regulations and programs in Ontario.

Position:  Policy Coordinator, Greater Toronto Area (GTA) Section,
July 1991 - January 1993

Employer:  Waste Reduction Office, Ministry of the Environment

Duties:  undertook policy analysis and legal research; prepared cabinet submissions, reports, letters, memos, briefing notes and presentations related to the accelerated 3Rs programs in the GTA; briefed Minister and staff on GTA 3Rs issues; reviewed draft legislation including Bill 143, Bill 7 and 3Rs Regulations; and prepared and presented Cabinet and MOE Management Committee submissions.  Also assisted ADM for the WRO on Bill 143 and Bill 7 Standing Committee hearings, and the Soft Drink Container Management and the Environmental Levy on Non-refillable Alcohol Container Issues.

Position:  Program Coordinator, February 1990 - June 1991

Employer:  Pollution Probe Foundation, Toronto

Duties:  developed, planned and coordinated research and advocacy for campaigns on global warming and waste management; provided scientific and policy advice to P staff on numerous environmental issues; acted as a media contact, and organized news conferences and media events; represented Pollution Probe at international climate change conferences in Geneva and Washington; prepared Pollution Probe's initial response to federal government's Green Plan; coordinated Probe's Environmental Assessment Intervention in the Ontario Hydro Demand/Supply Plan Hearing; represented Probe in consultations with government agencies on the Canadian Council of Ministers of the Environment's Nitrogen Oxides/Volatile Organic Compounds Reduction Plan and Changes to the 1991 Budget Provisions on the Gas Guzzler Tax ; participated in the work of the Ontario Global Warming Coalition, Ontario's Green Transportation Campaign and other coalitions; and supervised researchers and other staff.

Position: Policy Advisor, June 1989 - August 1989

Employer: Policy Branch, Ontario Ministry of Labour

Duties:  provided policy advice related to reform of workers' compensation laws; and assisted with coordinating consultation process for a proposed Green Paper on Workers' Compensation Reform.

Position: Student-at-law, August 1988 - June 1989

Employer: Policy Development Division, Ministry of Attorney General

Duties: prepared ministerial letters, briefing notes, memos, and reports; reviewed cabinet submissions to provide advice to Minister on environmental and energy issues.

TEACHING EXPERIENCE

Employer: Faculty of Environmental Studies, York University, January 1994 - April 1999

Position: Co-Course Director, Environmental Law Course (Undergraduate)

Duties:  coordinate course; present lectures; and grade assignments.

Employer: Osgoode Hall Law School, York University, 98-99 & 00-01

Position: Course Director, Environmental Law, LL.M. in Administrative Law

Duties:  coordinate course; present lectures; and grade assignments.

Employer: Innis College, University of Toronto, September 1991 - December 1991

Position: Lecturer and Tutorial Leader for Environmental Law Course

Employer: Social Science Division, York University ,September 1989 - April 1990

Position: Teaching Assistant, Natural Resources and Society Course

ACADEMIC AND VOLUNTEER ACTIVITIES

* Academic Adviser & Reader, MES Thesis, Andreas Scheid, U of Waterloo, 1997-99

* BES Thesis Advisor for Brad Etlin, 1998

* Article reviewer, Alternatives magazine, 1998-99

* Supervisor, Student Placements in Regulatory Law, Seneca College, 1995-2001

* Supervisor, Student Placements, Innis College, 1995-2001

* Supervised three Research Projects with 3rd and 4th year Students of Dr. Beth Savan, Innis College, University of Toronto, 1990-91 (2) and 1992-93 (1)

* Member of both the Environmental Caucus and the Legislative Task Force of Metro Toronto's Solid Waste Environmental Assessment Plan, 1987-1988

* Fellow, Faculty of Environmental Studies, York University,  Appointed 1985-1988

* Representative, FES Alumni Chapter and York University Alumni Council, 1985-87

* Duty Counsel/Caseworker, Student Legal Aid Clinic, 1984-87

* Student Vice-Chair, Faculty Council, Faculty of Environmental Studies, York University,
1983-84

PROFESSIONAL AFFILIATIONS

Associate Member, Society of Environmental Toxicology and Chemistry, June 1995 - present

Member, Environmental Law Section, Canadian Bar Association -- Ontario Region,
March 1990 - present

Member at Large, Executive of Environmental Law Section, Canadian Bar Association,
Ontario Region, July 1994-March 1995

Member, International Association of Public Participation, March 1995 - present

Member: Canadian Bar Association, Canadian Society of Environmental Biologists,
Law Society of Upper Canada (1990-present), and Recycling Council of Ontario

OTHER WORK EXPERIENCE

* Teaching Assistant, Social Science Division, York University, Sept. 1987-April 1988

* Research Assistant, Prof. E. Tucker, Osgoode Hall Law School (OHLS), Summer 1987

* Division Leader (and Caseworker), Community Advocacy Division, Community and
Legal Aid Services Program, OHLS, 1985-1987

* Public Educator and Canvasser, Pollution Probe, Summer 1985

* Teaching Assistant, Biology Department, York University, Spring/Summer 1985
(Introductory Biology)

* Researcher, Socio-economic, Land Use and Occupancy Project, Yukon Indian Lands Potential Project, March-August 1984

* Researcher, MacKenzie Delta Dene Regional Council, Spring 1993

* Lab Instructor, Biology Department, York University, Spring/Summer 1983
(Vertebrate Biology)

* Researcher, Peterborough Social Planning Council (1981)

* Sewage System Inspector, Ministry of the Environment (1980)

AWARDS, PRIZES AND SCHOLARSHIPS

Graduate Fellowship, Osgoode Hall Law School, 1988

J.D.S. Tory Award, Osgoode Hall Law School, 1987

Northern Studies Training Grant (NSTG), Federal Department of Indian and Northern
Affairs, 1986

R.W. Macaulay Prize, Osgoode Hall Law School, 1986

NSTG, Dept. of Indian and Northern Affairs, 1984

NSTG, Dept. of Indian and Northern Affairs, 1983

Ontario Graduate Scholarship, 1983

Ontario Graduate Scholarship, 1982

Rufus Gibbs Scholarship, Trent University, 1980

Biology Department Prize, 1979

Trent University Scholarship, 1979

APPOINTMENTS TO GOVERNMENT ADVISORY COMMITTEES

Appointed in April 1991 to Ontario Waste Reduction Advisory Committee (WRAC) to Advise Minister of the Environment; Resigned from WRAC in July 1991 on assuming position at the WRO, MOEE

OTHER ACHIEVEMENTS

Offered admission by three Ontario medical schools (Toronto, McMaster and Ottawa) in the spring and summer of 1981.  Declined the offers of admission and instead pursued MES degree at York.

SKILLS

Wordperfect for Windows, Windows NT, Novell Groupwise, Excel, Lotus and DOS Apple/Macintosh computer skills; some experience with GIS/computer cartography systems.

INTERESTS

Cross-country skiing, hiking, photography, cycling and swimming

SELECTED PUBLICATIONS  --  INDEX

Published Reports and Briefs (Principal Author)

Comments and Recommendations on Bill C-83, An Act to Amend the Auditor General Act, Prepared for  Eva Ligeti, Environmental Commissioner of Ontario.  Brief Presented to the Standing Committee on Environment and Sustainable Development, House of Commons, October 5, 1995.

Administration of Workplace First Aid Training Standards in Ontario: A Basis for Consultation, With Marianne Levitsky.  Report Presented to the Minister of Labour by the Workplace Health and Safety Agency, November 1, 1994, 46 pp.

Status Report on Reduction, Re-Use and Recycling in the Greater Toronto Area, 1991-1992.  With P. Coopersmith and Other MOEE staff and Consultants.  Report prepared for the Waste Reduction Office, MOEE with the assistance of the Regions of Durham, Halton, Peel and York and the Municipality of Metropolitan Toronto.  Toronto: MOEE, February 1993, 120 pp.

Greening Canada's Passenger Transportation Systems: The Environmental, Economic and Social Benefits of a National Rapid Train System for Canada, With A. Imada. Brief Presented to the Royal Commission on National Passenger Transportation.  Toronto: Pollution Probe Foundation, July 1990, 28 pp.

ACTION NOW!: Pollution Probe's Green Action Plan -- A Response to the Federal Government's Green Plan.  A Report Prepared for Pollution Probe.  Toronto: Pollution Probe Foundation, June 1990, 22 pp.

The Temagami Crisis: A Critical Assessment and a Proposal for a Sustainable Future.  With A. Champagne, S. Johnston and C. McRobert.  Toronto: Canadian Parks and Wilderness Society, May 1988, 120 pp.

Co-Authored Reports

Broken Promises: The Failure of MNR to Prepare an Instrument Classification Regulation, Prepared for Gord Miller, Environmental Commissioner of Ontario.  Special Report Presented to the Legislative Assembly of Ontario, June 2001.

Ontario Regulation 482/95 and the Environmental Bill of Rights, Prepared for Eva Ligeti, Environmental Commissioner of Ontario.  Special Report Presented to the Legislative Assembly of Ontario, January 17, 1996.

Occupational Health and Safety in Ontario's 3Rs Sector: Emerging Issues and An Overview of the Workplace Health and Safety Agency, With Marianne Levitsky, Catherine DeVos, and Roxanne Lloyd. Report Presented to the 15th Annual Conference of the Recycling Council of Ontario, Hamilton, Ontario, October 5-7, 1994, 25 pp.

Achievements of the Workplace Health and Safety Agency with Respect to Its Mandate, With Marianne Levitsky.  Report Presented to the Ministerial Review of the Workplace Health and Safety Agency (Chair: Dr. Carolyn Tuohy), September 1994, 40 pp.

Program Planning and Pricing Guidelines and Workbook for Health and Safety Program Development and Delivery,  With Marianne Levitsky.  Report Presented to the Workplace Health and Safety Agency, November 1994, 60 pp.

Working Together for Health and Safety: The Impact of Joint Health and Safety Committees on Injury and Fatality Rates in Ontario, 1978-1992. With Marianne Levitsky, Roxanne Lloyd and Lori Achatz. Prepared for the Commission on the Future of Work Appointed by Robert Reich, US Secretary of Labor, Mar 1994, 80 pp.

Submission to the Royal Commission on Learning on Youth and Occupational Health and Safety, January 1994, 20 pp.

Meeting the Challenge: Reduction, Re-Use and Recycling in the Greater Toronto Area.  With P. Coopersmith and Other MOEE staff.  Report prepared for the Waste Reduction Office, MOEE.  Toronto: MOE, December 1992, 16 pp.

The Costs of the Car: A Preliminary Study of the Environmental and Social Costs Associated with Private Car Use in Ontario.  With G. Hein, A. Palimaka and T. Luste.  A Report Prepared for Pollution Probe.  Toronto: Pollution Probe, October 1991, 80 pp.

Doing More for Less: The Role of An Expanded Deposit-Refund System for Ontario's Used Beverage Containers.  With A. Imada.  A Report Prepared for Pollution Probe.  Toronto: Pollution Probe Foundation, February 1991, 20 pp.

Five Years of Failure: A Documentation of the Failure of the Ontario Government to Reduce Solid and Hazardous Waste Quantities.  With D. Macdonald, P. Pickfield and A. Imada.  A Report Prepared for Pollution Probe.  Toronto: Pollution Probe Foundation, August 1990,

Edited Case Books and Reports

D. McRobert (ed.), Environmental Law: Cases and Readings (2001).  Toronto: Beta Reproductions. Prepared for EN/ENV 3240.02, Faculty of Environmental Studies, York U., Winter Term 2001.

D. McRobert (ed.), Environmental Law: Federal and Provincial Statutes, Regulations, Orders, Policies and Guidelines (2001). Toronto: Beta Reproductions. 

Green Industry Development and the 3Rs Sector in Ontario.  Report Prepared for the Waste Reduction Office, MOEE by Dianne Tsang et al., University of Toronto, May 1993.

Refereed Articles

"Restructuring Ontario's Economy: A Look at the Economic Implications of Shifting to Secondary Materials," Alternatives, Jan-Feb. 1993.

"Attitudes about Sustainable Development in Yukon," In: P. Adams (ed.)  Student Research in Canada's North.  Ottawa: Association of Canadian Universities for Northern Studies, 1988.

Other Published Articles

"Legal Liability for Trail and Greenway Managers: An Overview of Canadian Laws", In: J. Marsh (ed.), Proceedings of the Rails to Greenways Conference (1994), August 13-14, 1993, Trent University, Peterborough, Ontario

"Toward a Bioregional Perspective on International Resource Conflicts: Lessons for the Future," with Paul Muldoon, in Owen Saunders and Monique Ross (eds.), Managing Resource Use Conflicts: Growing Demands, Shrinking Heritage.  Calgary: Canadian Institute of Resources Law, 1992.

"How Industry and Government Strangled Canada's Smog Plan", Probe Post, May 1991.

"On Global Warming, Canada is Full of Hot Air", Globe and Mail, February 18, 1991

"Ditching Pop Bottle Quota Regressive Step", Toronto Star, May 19, 1990

"Privatizing Discipline: The Case of Mandatory Drug Testing," With H. Glasbeek.  Windsor Yearbook of Access to Justice, Vol. 9, 1989.

"Questionable Faith," Probe Post, June 1988.

"A Dismal Response" (On Canada's Response to the World Conservation Strategy), Policy Options, Nov. 1986.

"Canada and the World Conservation Strategy", Probe Post, May 1986.

"An Environmental Celebration", Probe Post, June 1988.

"Green Politics in Canada", Probe Post, Fall 1985.

"Ontario's North: Eight Years of Wrecked Hope", Globe and Mail, Sept. 19, 1985.

Book Reviews

* Review of Herbert Bormann et al., Redesigning the American Lawn in Alternatives, June 1995

* Review of D. Israelson, Silent Earth, in Probe Post, June 1991.

* Review of D. Saxe, Environmental Protection Act Annotated, in Probe Post, February 1991.

* Review of Michael Jeffery, Environmental Approvals in Canada, in Probe Post, June 1990.

* Review of H. Poch, Corporate and Municipal Environmental Law (1989), in Canadian Business Law Journal, May 1990.

* Review of Jo Davis (ed.), Not a Sentimental Journey: What's Behind the VIA RAIL Cuts, What You Can do About It (1989) in Probe Post, May 1990.

* Review of I. Radforth, Bushworkers and Bosses (1987), Probe Post, December 1988.

* Review of C. Swayze, Hard Choices: A Life of Thomas Berger (1987) in Alternatives, February 1988.

* Review of B. Morse (ed.), Aboriginal Peoples and the Law in Canadian Bar Review, Fall 1987.

* Review of G. Robertson, Northern Provincehood: A Mistaken Goal? (1985) in Alternatives, February 1987.

* Review of Dale Gibson and J. Baldwin (eds.), Law in a Cynical Society in Canadian Bar Review, June 1986.

* Review of N. Bankes and Owen Saunders (eds.), Public Disposition on Natural Resources (1984) in Canadian Bar Review, March 1986.

* Review of A. Shkilnyk, A Poison Stronger Than Love (1984), CELA Newsletter, Sept. 1985

SELECTED CONFERENCE PAPERS AND PRESENTATIONS

Conference Papers and Presentations

“The Nuts and Bolts of the Environmental Bill of Rights, 1993: An Overview”, Paper presented to Environmental Law and Management Conference, the Canadian Institute, Hotel Plaza II, Toronto, October 30, 1996.

“The Environmental Bill of Rights, 1993 and the Environmental Commissioner of Ontario: An Overview of Key Features”, Presentation to the Ontario Construction Users’ Council, Ramada Inn (Airport), Toronto, December 8, 1995.

“Integrating Public Commentary and Participation Into Environmental Decision Making: The Implications of Ontario’s Environmental Bill of Rights, 1993", Paper for Presentation to the Society of Environmental Toxicology and Chemistry, SETAC ‘95 World Congress, Vancouver, Nov. 9, 1995.

“Update on Implementation and Administration of the Environmental Bill of Rights, 1993 and the Environmental Commissioner of Ontario”, Paper for Presentation to the Ontario Society of Environmental Management, Metro Hall, Toronto, October 5, 1995.

Ontario’s Environmental Bill of Rights: An Introduction and Update on Its Implications for Industry, Paper Presented to Environmental Regulation and Compliance Workshop, Toronto Environmental Conference and Trade Show, Mississauga, Ontario, May 9, 1995. (With Karen Beattie).

"Green Industries in Ontario," Science Teachers Association of Ontario 1994 Annual Conference, November 19th, 1994, Royal York Hotel, Toronto.

"Bureaucratic Speed Bumps and Ecological Tread Marks: Environmental Policy-making in the Ontario Government, 1988-1993", Presentation to the Faculty of Environmental Studies, York University, February 14, 1994, North York, Ont.

"Reforming Legislation and Regulation to Promote the 3Rs: Some Observations on Ontario's Waste Management Act, 1992 and the Proposed 3Rs Regulations," Presented to session titled the "The Legal Implications of Legislating Waste", Recycling Council of Ontario Annual Conference, October 7, 1992, Ottawa, Ontario.

"The International Climate Change Convention: An Advocate's Perspective," Presented to Environmental Law Conference, Osgoode Hall Law School, York University, October 26, 1991

"Toward a New Vision of Economic Development in Northern Ontario," Presented to session titled the "Social and Economic Implications of Moving a Secondary Resource Economy", Recycling Council of Ontario Annual Conference, October 10, 1991, Toronto, Ontario.

"Economic Mechanisms to Promote Reduction, Re-use and Recycling," With Ellen Schwartzel, Presented to Air and Waste Management Through the 1990s, Air and Waste Management Association Conference, April 1991, Hamilton, Ont.

"Toward a Climate Change Convention: A Report from a Canadian Environmentalist Who Attended in Geneva and Washington," Presented to Glasnost and the Global Village Conference, February 1991, York University.

A full list of additional reports, conference papers, articles,
reviews and unpublished papers is available on request.

REFERENCES

Available on request