Fair Dealing: InBev

The damage caused by Jerry’s spill and the subsequent debacle is severe on several fronts, but the danger to the protected species in the Thames has particularly raised the ire of several national conservationist groups. InBev is currently dealing with the Province of Ontario and the City of London to remediate the damage caused by the spill, but has made no overtures towards habitat protection. They have, however, acknowledged that the incident may prevent Londoners from enjoying summer fishing on the river.

Consider InBev’s situation and advise the Crown on how to proceed. Can action be brought under s. 97 of SARA? Are there palatable alternatives in accordance with s. 108?

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