Process Guide Webinar Part Iv (25 Feb 2010)
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Process Guide Webinar Part Iv (25 Feb 2010)

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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 ...

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?

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Process Guide Webinar Part Iv (25 Feb 2010) Process Guide Webinar Part Iv (25 Feb 2010) Presentation Transcript

  • Guide to Public Participation in environmental decision-making Part IV: Going to Court ELC Webinar 12:00pm, February 10, 2010 Adam Driedzic Staff Counsel
  • Since 1982 Registered Charity Edmonton-based Alberta-wide
  • Water Land Use Climate Change Cumulative Effects Info-Education Public Participation
  • Guide to Public Participation in environmental decision-making I: Alberta Environment II: Environmental Appeals Board III: Environmental Impact Assessments IV: Court
  •  
  • Judicial Review
    • Superior Courts
    • 2. Examination of government decision-making process
    • Common law principles
    • 4. Institutional power struggle.
  • Constitutional principle _________________________________ 1. Governed by laws not people 2. Claims against government go to Court. “ Rule of Law”
  • ANCIENT 2. Impartial hearing 1. Right to be heard Rules for Administrative Decisions: “ Fairness” Judicial rules _________________________________ 1. Consider both sides 2. Cannot judge own cause “ Natural Justice”
  • MODERN Administrative rules ________________________________ 1. Right to be heard 2. Impartial hearing “ Fairness”
  • Alberta Environment goes to Court . . . Enforcement Civil Claim Judicial Review Environmental Protection Order Project Authorization Procedural Substantive Aboriginal
  • Decision of Director / EAB / Minister
    • Jurisdiction ?
    • Discretion?
    • 3. Fairness ?
    Judicial Review 6 month Limitation period
    • Application
    • Hearing
    • Decision
    Against you For you
  • Decision of Director / EAB / Minister
    • Jurisdiction ?
    • Discretion?
    • 3. Fairness ?
    Judicial Review 6 month Limitation period
    • Application
    • Hearing
    • Decision
    REVIEWABLE? Against you For you
  • Decision of Director / EAB / Minister
    • Jurisdiction ?
    • Discretion?
    • 3. Fairness ?
    Judicial Review 6 month Limitation period
    • Application
    • Hearing
    • Decision
    REVIEWABLE? TIMING? Against you For you
  • Decision of Director / EAB / Minister
    • Jurisdiction ?
    • Discretion?
    • 3. Fairness ?
    Judicial Review 6 month Limitation period
    • Application
    • Hearing
    • Decision
    REVIEWABLE? TIMING? STANDING? Against you For you
  • Decision of Director / EAB / Minister
    • Jurisdiction ?
    • Discretion?
    • 3. Fairness ?
    Judicial Review 6 month Limitation period COSTS? COSTS?
    • Application
    • Hearing
    • Decision
    REVIEWABLE? TIMING? STANDING? Against you For you
  • Decision of Director / EAB / Minister
    • Jurisdiction ?
    • Discretion?
    • 3. Fairness ?
    Judicial Review 6 month Limitation period COSTS? COSTS? REMEDY?
    • Application
    • Hearing
    • Decision
    REVIEWABLE? TIMING? STANDING? Against you For you
  • Remedies Nullify the decision Order action Prohibit action Declaration
  •  
  • VISIT US 800, 10025 – 106 Street, Edmonton Phone: 780-424-5099 1-800-661-4238 (toll free) E-mail: elc@elc.ab.ca [email_address] 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
    • CRA Registration number: 11890 0679 RR0001
    • tax receipt
    • https://www.elc.ab.ca/pages/SupportELC/default.aspx