Using the Courts to Protect the Environment Flashcards
What is ‘Standing’?
The court’s permission to participate in a lawsuit to take legal action against someone else.
How does the court determine standing?
- Private Standing
- Public Standing - eg. Citizen wants to stop tree cutting on provincial land for public benefit.
(“Three Ps” for Private Standing:
a. Property Interest - property has allegedly been harmed.
b. Personal Interest
- health has allegedly been harmed.
b. Financial Interest (pecuniary)
business or economic interests has allegedly been harmed.
What is a class action?
- Large numbers of plaintiffs sue over the same event or set of
facts. - A representative plaintiff brings the action on behalf of the others.
- Final decision applies to all the members of the group.
What status do the main players in a court case or tribunal hearing have, and what does that mean they can do?
Having Full Party Status
- can introduce evidence, cross examine, present arguments and request appeals, adjournments, and costs
Who are the main players in Private Law in court, and tribunal, respectively?
- COURT: Plaintiff and Defendant
- TRIBUNAL: Appellant and Respondent
What are an Appellant and a Respondent?
Apellant = didn’t get their permit
Respondent = person who didn’t give it
Who are the main players in public Law in court, and tribunal, respectively?
COURT: Crown (Prosecution) and Defendant (Accused)
TRIBUNAL: Appellant and Respondent
True or false: in a tribunal, in both private and public law, the Apellant and Respondent each have Full Party Status.
True
What does ‘Intervention’ do?
An Intervention allows persons or organizations that do not have full party status to participate in a legal proceeding
(Recognizes stakeholders may be affected in the future by precedents or policy implications)
What are ‘Interveners’?
People involved beyond main players
What do you call someone who “Presents oral or written submissions that add expertise, specialized knowledge
or unique perspective”?
Friend of the Court (amicus curiae)
eg. a scientist may be a Friend of the Court.
What is an Added Party?
- has full party status (even though they are not one of the two pain players)
- Has an interest in the subject/may be adversely affected by the judgement
What are 4 types of Interventions?
- Friend of the Court (amicus curiae)
- Added Party
- Public Interest
- Participant
Who may be involved in a Public Interest Intervention?
Stakeholders like environmental groups when implications of court/tribunal decisions may be far reaching
In an intervention, what may a Participant do?
- may attend a hearing and make statements
May NOT: question witnesses, ask for costs, adjournments or request a review of the decision
What are 4 types of Causes of Action are there in Private Common Law?
- Nuisance
- Public Nuisance
- Trespass and Trespass to Person (Assault and Battery) Torts
- Negligence
(Alternatively, 3: Nuisance, Negligence, Tresspass)
What is Nuisance?
- Unreasonably interfere with the use and enjoyment of another person’s property
- a type of tort (civil wrong)
What is the defense to Nuisance?
- having permit/approval to do what lead to the alleged nuisance.
- proving emmission levels are within terms of approval.
What is Public Nuisance?
- a type of tort
- entire community is affected
- usually brought by governments
What is Negligence?
Acting unreasonably and causing harm to someone
What two categories can Causes of Action be divided into?
- Private Common Law - torts (civil wrongdoings); based on case law (precedent)
- Statutory - enacted by written law (eg. Environmental Bill of Rights) - anyone can bring into action when a person has violated environmental law
*What is an Injunction?
Court order that requires a defendant to do something (mandatory injunction) or stop doing something (prohibitory injunction)
[odd way to remember: At a train JUNCTION, the train conductors are REQUIRED to STOP or go (do) as directed, otherwise there will be a trainwreck]
What is a plaintiff?
“a person who brings a case against another in a court of law.”
Source: Google dictionary
Who has greater rights, an Added Party or a Friend of the Court?
Added Party.
They are given full party status, even though they are not one of the two main players
BONUS: What are three types of Administrative Orders?
Stop, control, and remedial orders
