Category: Environmental Page 21 of 59

Case commented on: Alberta’s Free Roaming Horses Society v Alberta, 2019 ABQB 714 (CanLII)

This decision grants public interest standing to Alberta’s Free Roaming Horses Society and one individual (the ‘Applicants’) seeking declarations and mandamus in relation to a 2005 ministerial designation of public lands under section 9 of the Stray Animals Act, RSA 2000, c S-20. The Applicants assert that the Minister responsible for the administration of public lands under the Act failed to comply with a statutory requirement to form an opinion in relation to designating lands upon which persons may be licensed to capture and dispose of wild horses. They accordingly sought a judicial declaration that the 2005 land designation is void and an order requiring the Minister to form the opinion and publish it prior to making any future land designations under section 9 of the Act. The Province responded that the Applicants do not have standing to commence these proceedings and that the proceedings should be struck as an abuse of process. The Province also sought summary dismissal on the basis that the Applicants’ claim is barred by a limitation period. In this decision, Mr. Justice B.A. Millar ruled that the Applicants have public interest standing, but he summarily dismissed the application because the proceedings relate to a decision made in 2005 which is far beyond the 6 month time limitation for seeking judicial review under section 3.15(2) of the Alberta Rules of Court, Alta Reg 124/2010.

Federal Court of Appeal Rejects Another Attempted Appeal of the TMX Leave Decision

By David V Wright

On October 23, 2019

In Energy, Environmental

By: David V. Wright, Martin Olszynski, and Nigel Bankes

PDF Version: Federal Court of Appeal Rejects Another Attempted Appeal of the TMX Leave Decision

Case Commented On: Raincoast Conservation Foundation v Canada (Attorney General), 2019 FCA 259

The FCA has released another ruling in relation to its earlier leave decision on the consolidated TMX legal challenges (Raincoast Conservation Foundation v Canada (Attorney General), 2019 FCA 224 (Can LII); for our post on that decision see here). In this latest ruling the panel (including Justice David Stratas – who had authored the original decision) dismissed an attempted appeal (at para 4) brought by two NGOs. The panel reiterated Justice Stratas’ previous conclusion in Ignace v Canada (Attorney General), 2019 FCA 239 (for our post on that decision see here) that “appeals cannot be brought from this Court to this Court” and again pointing to the lack of any statutory basis for the FCA to hear such an appeal (at paras 7-9).

Crown Consultation Obligations and a National Infrastructure Corridor: Simple Meets Complex

By David V Wright

On October 15, 2019

In Aboriginal, Energy, Environmental

By: David V. Wright

PDF Version: Crown Consultation Obligations and a National Infrastructure Corridor: Simple Meets Complex

Matter Commented On: National Infrastructure Corridor

Renewed interest in a cross-Canada infrastructure corridor has surfaced in recent months and weeks, including as a federal election issue. Details were thin in the recent Conservative campaign announcement, but a substantial amount of information about a similar concept can be found in a 2017 report from the Senate Committee on Banking Trade and Commerce (the focus of the former is on an ‘energy corridor’ while the focus of the latter and the below-cited article by Sulzenko and Fellows is on a multi-modal infrastructure corridor). That report rightly acknowledges that “such a major undertaking – which would require the accommodation of a multitude of varying interests and priorities – would undoubtedly be difficult to complete, and a number of complex issues – including in relation [to] Indigenous peoples, financing and the environment – would need to be addressed” (p 12). In this post, I provide a brief overview and initial comments in relation to a fundamental “complexity” pertaining to the corridor concept: Crown consultation and accommodation duties with respect to the Indigenous peoples of Canada.

Federal Court of Appeal Provides Reasons in TMX Leave Applications

By Nigel Bankes

On September 11, 2019

In Administrative Law, Energy, Environmental

By: Nigel Bankes, Martin Olszynski and David Wright

PDF Version: Federal Court of Appeal Provides Reasons in TMX Leave Applications

Decision Commented On: Raincoast Conservation Foundation v Canada (Attorney General), 2019 FCA 224.

On September 4, 2019, the Federal Court of Appeal (FCA) granted leave to six of the twelve parties who had applied for judicial review of Cabinet’s decision to re-approve the Trans Mountain Expansion (TMX) project. This post situates this most recent development in the broader TMX context and examines this rare instance of the FCA providing reasons in a leave decision.

Open Access: A Request to the Alberta Court of Appeal

By Admin

On July 25, 2019

In Constitutional, Environmental

By: Admin

PDF Version: Open Access: A Request to the Alberta Court of Appeal

Matter Commented On: Reference re Greenhouse Gas Pollution Pricing Act (Alberta)

There is considerable public interest in questions as to the validity of the federal Greenhouse Gas Pollution Pricing Act, SC 2018, c 12, s 186 (GGPPA) and the References that have been made to different provincial Courts of Appeal. We now have judgments rendered by both the Saskatchewan and Ontario Courts of Appeal upholding the federal government’s GHG pricing regime: Reference re Greenhouse Gas Pollution Pricing Act, 2019 SKCA 40 (CanLII) and Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544 (CanLII). Appeals are pending in each of these cases.

Category: Environmental Page 21 of 59

Public Interest Standing and Wild Horses in Alberta

Federal Court of Appeal Rejects Another Attempted Appeal of the TMX Leave Decision

Crown Consultation Obligations and a National Infrastructure Corridor: Simple Meets Complex

Federal Court of Appeal Provides Reasons in TMX Leave Applications

Open Access: A Request to the Alberta Court of Appeal