process guide webinar part iv (25 feb 2010)

20
Guide to Public Participation in environmental decision- making Part IV: Going to Court ELC Webinar 12:00pm, February 10, 2010 Adam Driedzic Staff Counsel

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Court: the last resort. You opposed Alberta Environment’s decision to approve or refuse a regulated activity. Maybe there was no environmental impact assessment. Maybe an appeal to the Environmental Appeals Board was unsuccessful. On February 25th, Adam Driedzic, Staff Counsel with the Environmental Law Centre, discussed judicial review of administrative decision-making. He covered key questions for potential litigants, including: * How is reviewing procedural fairness different from appealing the result? * What remedies can the court award, and what are the risks? * Who may have standing in the courts, and when should they start proceedings?

TRANSCRIPT

Page 1: Process Guide Webinar Part Iv (25 Feb 2010)

Guide to Public Participation

in environmental decision-making

Part IV:

Going to Court

ELC Webinar

12:00pm, February 10, 2010

Adam Driedzic

Staff Counsel

Page 2: Process Guide Webinar Part Iv (25 Feb 2010)

Since 1982

Registered Charity

Edmonton-based

Alberta-wide

Page 3: Process Guide Webinar Part Iv (25 Feb 2010)

Water

Land Use

Climate Change

Cumulative Effects

Info-Education

Public Participation

Page 4: Process Guide Webinar Part Iv (25 Feb 2010)

Guide to Public Participation

in environmental decision-making

I: Alberta Environment

II: Environmental Appeals Board

III: Environmental Impact Assessments

IV: Court

Page 5: Process Guide Webinar Part Iv (25 Feb 2010)
Page 6: Process Guide Webinar Part Iv (25 Feb 2010)

Judicial Review

1. Superior Courts

2. Examination of government decision-making process

3. Common law principles

4. Institutional power struggle.

Page 7: Process Guide Webinar Part Iv (25 Feb 2010)

“Rule of Law”

Constitutional principle_________________________________

1. Governed by laws not people

2. Claims against government go to Court.

Page 8: Process Guide Webinar Part Iv (25 Feb 2010)

“Fairness”

Rules for Administrative Decisions:

1. Right to be heard

2. Impartial hearing

“Natural Justice”

Judicial rules_________________________________

1. Consider both sides

2. Cannot judge own cause

ANCIENT

Page 9: Process Guide Webinar Part Iv (25 Feb 2010)

“Fairness”

Administrative rules________________________________

1. Right to be heard

2. Impartial hearing

MODERN

Page 10: Process Guide Webinar Part Iv (25 Feb 2010)

Enforcement

Civil Claim Judicial Review

Environmental Protection

Order

ProjectAuthorization

Procedural Substantive Aboriginal

Alberta Environment goes to Court . . .

Page 11: Process Guide Webinar Part Iv (25 Feb 2010)

Decision of Director / EAB / Minister

1. Jurisdiction ?

2. Discretion?

3. Fairness ?

Judicial Review

6 month

Limitation

period

1. Application

2. Hearing

3. Decision

Against you For you

Page 12: Process Guide Webinar Part Iv (25 Feb 2010)

Decision of Director / EAB / Minister

1. Jurisdiction ?

2. Discretion?

3. Fairness ?

Judicial Review

6 month

Limitation

period

1. Application

2. Hearing

3. Decision

REVIEWABLE?

Against you For you

Page 13: Process Guide Webinar Part Iv (25 Feb 2010)

Decision of Director / EAB / Minister

1. Jurisdiction ?

2. Discretion?

3. Fairness ?

Judicial Review

6 month

Limitation

period

1. Application

2. Hearing

3. Decision

REVIEWABLE?

TIMING?

Against you For you

Page 14: Process Guide Webinar Part Iv (25 Feb 2010)

Decision of Director / EAB / Minister

1. Jurisdiction ?

2. Discretion?

3. Fairness ?

Judicial Review

6 month

Limitation

period

1. Application

2. Hearing

3. Decision

REVIEWABLE?

TIMING?

STANDING?

Against you For you

Page 15: Process Guide Webinar Part Iv (25 Feb 2010)

Decision of Director / EAB / Minister

1. Jurisdiction ?

2. Discretion?

3. Fairness ?

Judicial Review

6 month

Limitation

period

COSTS? COSTS?

1. Application

2. Hearing

3. Decision

REVIEWABLE?

TIMING?

STANDING?

Against you For you

Page 16: Process Guide Webinar Part Iv (25 Feb 2010)

Decision of Director / EAB / Minister

1. Jurisdiction ?

2. Discretion?

3. Fairness ?

Judicial Review

6 month

Limitation

period

COSTS? COSTS?

REMEDY?

1. Application

2. Hearing

3. Decision

REVIEWABLE?

TIMING?

STANDING?

Against you For you

Page 17: Process Guide Webinar Part Iv (25 Feb 2010)

Remedies

Nullify the decision

Order action

Prohibit action

Declaration

Page 18: Process Guide Webinar Part Iv (25 Feb 2010)
Page 19: Process Guide Webinar Part Iv (25 Feb 2010)

VISIT US 800, 10025 – 106 Street, Edmonton

Phone: 780-424-5099

1-800-661-4238 (toll free)

E-mail: [email protected]

[email protected]

Web: www.elc.ab.ca

Blog: http://environmentallawcentre.wordpress.com

Facebook: http://www.facebook.com/environmentallawcentre

Twitter: https://twitter.com/ELC_Alberta

E-mail updates:http://www.elc.ab.ca/pages/home/Notification.aspx

Page 20: Process Guide Webinar Part Iv (25 Feb 2010)

CRA Registration number: 11890 0679 RR0001

tax receipt

https://www.elc.ab.ca/pages/SupportELC/default.aspx