Canadian Environmental Law Jurisprudence 1
Answer these questions re: environmental law.
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- In Ktunaxa Nation v British Columbia (Forests, Lands and Natural Resource Operations) [2017] SCC 54, the Court found that the provincial approval of a proposed ski resort on in the area of spiritual significance the Ktunaxa Nation was not an unreasonable infringement of their Aboriginal rights under s.35 of the Charter because ___________.
- Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5, was about who is responsible for the end of life obligations of an oil and gas licensee, including the plugging and capping of oil wells to prevent environmental harm, when the licensee is bankrupt. The question was whether the federal Bankruptcy and Insolvency Act (BIA), which prioritizes the claims of the secured creditors over environmental liabilities, trumps Alberta's regulatory regime which says the opposite. The SCC found...
- R. v. Crown Zellerbach Canada Ltd.,[1988] 1 SCR 401 was an important case because it laid out the test for the federal government to have authority over an environmental matter that is of ___________.
- The test for criminal law is a prohibition, backed by a penalty for a valid criminal law purpose. In R. v. Hydro-Québec, [1997] 3 SCR 213, the SCC , the court had to rule on whether the toxics regulations under the Canadian Environmental Protection Act were a valid exercise of federal authority. The SCC found that the federal government ________ validly regulate the discharge of toxic substances under criminal law because ___________.
- In Reference re Greenhouse Gas Pollution Pricing Act, 2019 ONCA 544, the court characterized the Greenhouse Gas Pollution Pricing Act as _____________________. The characterization of the Act is important in determining the outcome of the case as the characterization determines whether the Act falls within the scope of powers granted to the federal government through the Constitution Act, 1982. Note: GHG = Greenhouse gas
- In Reference re Environmental Management Act, 2020 SCC 1, the SCC dismissed the appeal of the Government of British Columbia (BCCA) and adopted the reasons in full from the British Columbia Court of Appeal. The BCCA found that amendments to BC's Environmental Management Act was not valid because it attempted to control an interprovincial and therefore federal undertaking, which is outside of provincial authority. The amendments in question were found to target the ________________________.
- Castonguay Blasting Ltd. v. Ontario (Environment), [2013] 3 SCR 323 was about whether flying rock matter, called fly-rock, falls within the definition of a 'contaminant' to the natural environment and is thus subject to rules under the Ontario's Environmental Protection Act (EPA). The court found that the fly-rock is a contaminant under the EPA because ___________________ and thus the fly-rock needed to be reported to the Ministry of Environment.
- In Imperial Oil Ltd. v. Quebec (Minister of the Environment), [2003] 2 SCR 624, Imperial Oil was challenging an order from the Environment Minister under Quebec's Environmental Quality Act, following contamination at one of the sites it operated. Imperial Oil was ordered to conduct a study of the site to understand the character of the site and what decontamination measures would be necessary. The SCC found that the Environment Minister made this order validly because ____________.
- In 114957 Canada Ltée (Spraytech) v. Hudson (Town), [2001] 2 SCR 241, Spraytech was challenging a municipal by-law which restricted the non-essential use of pesticides in the municipality. Spraytech was charged with a violation of this by-law and argued that it wasn't within the municipality's authority to make a by-law governing pesticide use. Municipalities get their law-making power from provincial statutes like the Cities and Towns Act (CTA). The by-law was valid because _________.
- Tsilhqot’in Nation v. British Columbia, 2014 SCC 44 was important because it applied the test for affirming Aboriginal title & confirmed that _________________________ is/are a limit on both federal and provincial power. Aboriginal title is a right in the land and it includes the right to exclusive use & occupation as long as those uses are not irreconcilable with the nature of the groups' attachment to land. Title arises from Indigenous law & the prior occupation of land by Indigenous peoples.
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