Diana Valiela is a member of the bar of British Columbia

Highlights of Tribunals and
Litigation Experience:

  • Co-counsel in Yukon Water Board hearings for an application for a water license for a copper mine project in Yukon, February 2010
  • Co-counsel for a mining company in an appeal to the Supreme Court of Canada of the Canadian Environmental Assessment Act approval of a gold mine project in British Columbia.  MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2 (January 21, 2010)
  • Represented a major utility as intervenor in Canadian Hydro Developers Inc.’s proposed Glacier Hydropower project on the Peace River before the Joint Review Panel (Canadian Environmental Assessment Agency/Alberta Natural Resources Conservation Board/Alberta Utilities Commission), Dunvegan, Alberta, Sept. 22-26, 2008
  • Represented a gold mine company in their water license application and hearings before the Nunavut Water Board, Cambridge Bay, Nunavut (2007)
  • Co-counsel for a gold mine company in their environmental assessment application and hearings before the Nunavut Impact Review Board and federal assessment under CEAA, Cambridge Bay, Nunavut (2002 - 2005)
  • Represented a bioenergy company in the appeal of their air emissions permit to the British Columbia Environmental Appeal Board:  Environmental Management Act Appeals — White et al v. July 4, 2007 issuance of Permit PA-18312 to Pacific BioEnergy Corporation AND Brushey v. October 4, 2007 amendment of Permit PA-18312 issued to Pacific BioEnergy Corporation.
  • Represented a forest products manufacturing company in their B.C. Environmental Assessment Office application and their air permit application and appeals of the air permit to the British Columbia Environmental Appeal Board for an oriented strandboard mill in Fort St. John, B.C:  Brian H. Ruddell of behalf of the North Peace Clean Air Association v. Director of Waste Management (Canfor-LP OSB (G.P.) Corp., Third Party) 2005-EMA-009(a) and G. N. (Neil) Thompson v. Director, Environmental Management Act (Canfor-LP OSB (G.P.) Corp., Third Party) 2005-EMA-008(a) (2000 – 2006)
  • Held hearings in Queen Charlotte City and Village of Massett in Haida Gwaii, and in Bella Coola, Kitkatla, Kitimat, Prince Rupert, Alert Bay, Port Hardy, Vancouver and Victoria as Member of the three-person independent Public Review Panel on the Government of Canada Moratorium on Offshore Oil and Gas Activities in the Queen Charlotte Region, British Columbia (2004)
  • Advised on the environmental assessment application and hearings before the Joint Review Panel (National Energy Board – Minister of Environment) on the Georgia Strait Crossing Pipeline (2001 - 2003)
  • Advised a railway in their intervention in the NEB proceedings on the Sumas Energy II international power line application (2000-2003)
  • Represented a forestry company in the British Columbia Environmental Appeal Board hearings regarding the appeal of its air permit for a pulp mill in Powell River, B.C.:  Philip Fleischer v. Assistant Regional Waste Manager (NorskeCanada, General Partnership, Third Party) 2002-WAS-020 (a) and (b); Sliammon First Nation v. Assistant Regional Waste Manager (NorskeCanada, General Partnership, Third Party) 2002-WAS-023; Paddy Goggins v. Assistant Regional Waste Manager (NorskeCanada, General Partnership, Third Party) 2002-WAS-024; John Keays v. Assistant Regional Waste Manager  (NorskeCanada, General Partnership, Third Party) 2002-WAS-022
  • Co-counsel for a port authority in the appeals of the Canadian Environmental Assessment Act approvals for its port project to the Federal Court and to the Federal Court of Appeal:  Tsawwassen Indian Band v. Canada (Minister of Environment), 1998 CanLII 7582 (F.C.); Tsawwassen Indian Band v. Canada (Minister of Finance), 1998 CanLII 7586 (F.C.); Tsawwassen Indian Band v. Canada (Minister of Environment), 2001 FCA 57 (CanLII); and Tsawwassen Indian Band v. Canada (Minister of Finance), 2001 FCA 58 (CanLII)
  • Co-counsel for the environmental assessment (Canadian Environmental Assessment Act) and water licencing (NWT Water Board, later advising on applications to the Mackenzie Vallley Land and Water Board and the Wek’èezhìi land and Water Board) proceedings for a  diamond mine, Northwest Territories (1995-2007)
  • Co-counsel for a diamond mining company in the appeal of its Canadian Environmental Assessment Act approval to the Federal Court:  Canadian Arctic Resources Committee Inc. v. Diavik, 2000 CanLII 15093 (F.C.) and Canadian Arctic Resources Committee Inc. v. Diavik Diamond Mines Inc., 2000 CanLII 15536 (F.C.)
  • As Member of the National Energy Board, was member or chair of panels holding hearings to consider approvals under the National Energy Board Act and under the Canadian Environmental Assessment Act for the following pipeline applications:
    • -Trans Québec & Maritimes Pipeline Inc. PNGTS Extension Pipeline and associated facilities between Lachenaie and East Hereford, Québec near the New Hampshire border - GH-1-97
    • -Northstar Energy Corporation Natural Gas Pipeline - GH-1-98
    • -Interprovincial Pipe Line Inc. Oil Pipeline - OH-1-98
    • -AEC Suffield Gas Pipeline Inc. Natural Gas Pipeline to transport natural gas from the Suffield area in Alberta to a point near Burstall, Saskatchewan - GH-2-98
    • -TransCanada PipeLines Limited 1999 Facilities - GH-3-98
    • -Alliance Pipeline Ltd. Detailed Route Hearings - MH-1-99 and MH-2-99
  • As articling student, assisted in representing a diamond mining company in their environmental assessment application, Northwest Territories (1994)
  • Advised the Flathead River International Study Board during hearings at Kalispell, Montana, and Cranbrook, B.C., as Canadian co-chairperson of two International Joint Commission Flathead River committees (Water Quality and Quantity and Water Quality Criteria).  Directed bilateral scientific committees in evaluating the current state of water quality and quantity in the Flathead River and predicting the transboundary water impacts of a proposed coal mine (1985-88)