Category: Environmental Page 59 of 60

Considered: Canadian Environmental Assessment Act, S.C. 1992, c. 37
Regulations Amending the Exclusion List Regulations, SOR/2009-88
Infrastructure Projects Environmental Assessment Adaptation Regulations, SOR/2009-89
Regulations and Regulatory Impact Analysis Statement

PDF Version: The Eviscerating of Federal Environmental Assessment in Canada

Introduction
A cornerstone of sustainable development is environmental assessment. Through environmental assessment (“EA”) processes regulators identify and assess the environmental, social, and economic consequences of proposed projects to assist them in determining whether they should be approved, and if so, under what conditions. Because of EA, projects are better planned and have reduced environmental impacts and social costs. However, notwithstanding the benefits of EA, recently the federal government has announced its plans to greatly reduce the number of federal EAs in Canada and to limit the application of federal legislation designed to protect our navigable waters and fisheries.

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PDF Version: R. v. Syncrude Canada: The Case of The 500 Dead Ducks

Alberta Environment and Environment Canada have laid charges against Syncrude Canada in relation to the toxic substances in its Aurora Mines tailing pond that resulted in the death of 500 migratory birds in 2008.

Environment Canada has charged Syncrude for violating section 5.1 of the Migratory Birds Convention Act, S.C. 1994, c. 22 by depositing substances harmful to migratory birds in its tailing pond. This is the same information as sworn by John Custer in his private prosecution that commenced in January (See my earlier post Environmental Private Prosecution Update: John Custer v. Syncrude Canada).

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Cases Considered:  John Custer v. Syncrude Canada

PDF Version: Environmental Private Prosecution Update: John Custer v. Syncrude Canada

On January 7, John Custer swore an information in front of a Justice of the Peace in Edmonton alleging violation by Syncrude Canada of section 5.1 of the Migratory Birds Convention Act, S.C. 1994, c. 22 for depositing substances harmful to migratory birds in its Aurora Mines tailing pond. The prohibition in section 5.1 reads as follows:

5.1 (1) No person or vessel shall deposit a substance that is harmful to migratory birds, or permit such a substance to be deposited, in waters or an area frequented by migratory birds or in a place from which the substance may enter such waters or such an area.

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Cases considered: Kostuch (Informant) v. WA Stephenson Construction (Western) (1990), 75 Alta. L.R.. (2d) 110 (Alta. Prov. Ct.); Kostuch (Informant) v. W.A. Stephenson (Western) (1991), 78 Alta. L.R. (2d) 131 (Alta. Prov. Ct.); Kostuch (Informant) v. W.A. Stephenson Construction (Western) Ltd., [1991] AJ No. 659 (Alta. Q.B.) (QL); R. v. W.A. Stephenson Construction (Western) Ltd., [1992] AJ No. 316 (Alta. C.A.) (QL); R. v. W.A. Stephenson Construction (Western) Ltd., [1992] AJ No. 233 (Alta. Prov. Ct.) (QL); W.A. Stephenson Construction (Western) Ltd. v. Kostuch, [1992] AJ No. 1262 (Alta. Q.B.) (QL); Kostuch v. W.A. Stephenson Construction (Western) Ltd., [1993] A.J. No. 52 (Alta. C.A.) (QL); Kostuch v. Alberta (Attorney General), [1995] A.J. No. 866 (Alta. C.A.), aff’g [1993] A.J. No. 635 (Alta. Q.B.) (QL)

PDF Version: Remembering Martha Kostuch: The Private Prosecution and the Oldman River Dam

I knew of Martha Kostuch primarily by her reputation as a leader in Alberta environmental advocacy. My personal dealings with Martha were limited to brief discussions at the annual roundtable meeting that she organized between the (then) Alberta Energy and Utilities Board and several environmental non-governmental organizations. My sense of loss for Alberta environmentalism with Martha’s passing in April 2008 inspired me to investigate her contribution to Alberta environmental law. This post reflects on a portion of my findings.

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