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Wally Braul

Senior Counsel
About

Wally Braul is one of Western Canada's most highly regarded energy, Indigenous law and environmental lawyers.

Wally has extensive experience with tribunal and ‎judicial proceedings with respect to shale gas fracking, water, ‎pipelines, marine terminals, contaminated sites, tailing ponds and public utility matters. ‎He has provided strategic advice to senior executives of energy companies on how ‎to respond to recent judicial decisions on Indigenous title and legislation respecting ‎LNG and water. Wally has also negotiated with Indigenous groups on consultation ‎protocols and impact and benefit agreements in a wide array of natural resource ‎projects and provided opinions on civil, regulatory and quasi-criminal liability on ‎environmental and Indigenous law issues.

Wally brings a nuanced understanding of competing perspectives to form pragmatic business solutions and litigation strategies. He maintains strong working relationships with federal and provincial regulators to keep abreast of unfolding policies and requirements. He has previously acted for regulators in litigation matters (including a precedent-setting case that imposed liability on a foreign subsidiary for environmental problems caused by its Canadian subsidiary), as well as law reform (such as the drafting of B.C.'s contaminated sites legislation, regulations and policy advice to the federal government on imports of hazardous waste).

A frequent commentator on energy-related legal developments, Wally has authored numerous articles and presented at many conferences. He has been repeatedly recognized by leading lawyer guides such as Legal 500, Lexpert, The Best Lawyers in Canada and Who's Who Legal.

Called to the Bar in B.C. and Alberta, Wally also holds a masters degree in urban and regional planning. Prior to practising law, he served as the director of land use planning for a regional government in northeast British Columbia.

Bar admissionsAlberta, 2012British Columbia, 1987

EXPERIENCE

  • Representation of energy and land development companies in B.C. Environmental Appeal Board ‎proceedings respecting shale gas fracking, water and site contamination.‎
  • B.C. Supreme Court proceedings respecting disposition of shale gas assets and water rights on behalf ‎of energy companies.‎
  • Representation of energy companies and land developers respecting prosecutions of environmental ‎offences.‎
  • Advice to project applicants for National Energy Board approvals respecting pipelines and marine ‎terminals.‎
  • B.C. Utilities Commission proceedings respecting "public utility" requirements for energy and water ‎distribution companies.‎
  • Strategic advice to senior executives of energy companies on how to respond to recent judicial ‎decisions on Aboriginal title and new legislation respecting LNG and water.‎
  • Negotiation and drafting of Aboriginal and environmental conditions (e.g. representations indemnities) in ‎share, asset and joint venture agreements.‎
  • Engaging with federal and provincial regulators to resolve issues arising in the course of obtaining ‎permitting and other approvals (involving pulp mills, fracking, pipelines and remediation of ‎contaminated sites).‎
  • Negotiations with Aboriginal groups in respect of consultation protocols and impact and benefit ‎agreements in a wide array of natural resource projects.‎
  • Opinions on civil, regulatory and criminal liability respecting environmental issues.‎
Languages
  • English
Education
  • MA, (Community and Regional ‎Planning), University of British ‎Columbia, 1985‎
  • LLB, University of Ottawa, 1985‎
  • BA, (Honours) Brock University, ‎‎1975‎

Awards

  • Lexpert Special Edition: Infrastructure 2018-2022
  • Canadian Legal Lexpert Directory, (Aboriginal), 2012-2024; (Environmental), 2012-2024
  • Leading Lawyer, The Legal 500 Canada, 2022-2023
  • Lexpert Special Edition: Energy 2018-2021
  • Best Lawyers in Canada, 2011-2022; 2024
  • Legal 500 Canada, 2017-2021
  • Lexpert Special Edition: Mining, 2020
  • Who's Who Legal: Environment, 2015-2020
  • Who’s Who Legal: Canada, 2013-2014

Publications

  • Author, Environmental compliance audits: Five tips to protect your company, May 31, 2022‎
  • Author, Alberta Court of Appeal finds Canada's Impact Assessment Act unconstitutional, May 16, 2022‎
  • Author, March 1 licence application deadline for BC non-domestic groundwater users, January 14, 2022‎

Seminars

  • "The Latest Trends and Key Issues Before Environmental Tribunals" and "The Ever-Changing ‎Environmental Assessment," British Columbia Environment Industry Association's BEST 2019 ‎Conference, Whistler, BC, May 8-10, 2019‎
  • Plug in BC: "Electrification: Law and Policy," June 10, 2021‎

Connect

Phone

+1 604 643 6425
(Work, Vancouver)
+1 403 776 8801
(Work, Calgary)
+1 416 365 3501
(Work, Toronto)