Fair Dealing: The Province of Ontario

The Ontario Minister of the Environment, Conservation, and Parks has been in contact with the federal MOE since the first spill. They have expressed a commitment to resolving their actions at the provincial level, and have stated that federal aid is unnecessary, although they will keep communication open in case the situation worsens. Although InBev has expressed regret for deteriorating fishing conditions, no protections appear to be enforced under SARA.

The Thames eventually empties onto Lake St Clair, a short distance from Chatham-Kent, situated on the American border. The Province has not detailed whether or not the spill will create significant impacts on the border.

Consider the situation and advise the Crown. How does the dual aspect doctrine (i.e. from Crown-Zellerbach) factor into the matter?

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