Using the Courts to Protect the Environment

Question 1

What is ‘Standing’?

Answer 1

The court’s permission to participate in a lawsuit to take legal action against someone else.

Question 2

How does the court determine standing?

Answer 2

1. Private Standing
2. 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.

Question 3

What is a class action?

Answer 3

1. Large numbers of plaintiffs sue over the same event or set of
   facts.
2. A representative plaintiff brings the action on behalf of the others.
3. Final decision applies to all the members of the group.

Question 4

What status do the main players in a court case or tribunal hearing have, and what does that mean they can do?

Answer 4

Having Full Party Status

• can introduce evidence, cross examine, present arguments and request appeals, adjournments, and costs

Question 5

Who are the main players in Private Law in court, and tribunal, respectively?

Answer 5

• COURT: Plaintiff and Defendant

- TRIBUNAL: Appellant and Respondent

Question 6

What are an Appellant and a Respondent?

Answer 6

Apellant = didn’t get their permit

Respondent = person who didn’t give it

Question 7

Who are the main players in public Law in court, and tribunal, respectively?

Answer 7

COURT: Crown (Prosecution) and Defendant (Accused)

TRIBUNAL: Appellant and Respondent

Question 8

True or false: in a tribunal, in both private and public law, the Apellant and Respondent each have Full Party Status.

Answer 8

True

Question 9

What does ‘Intervention’ do?

Answer 9

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)

Question 10

What are ‘Interveners’?

Answer 10

People involved beyond main players

Question 11

What do you call someone who “Presents oral or written submissions that add expertise, specialized knowledge
or unique perspective”?

Answer 11

Friend of the Court (amicus curiae)

eg. a scientist may be a Friend of the Court.

Question 12

What is an Added Party?

Answer 12

• 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

Question 13

What are 4 types of Interventions?

Answer 13

1. Friend of the Court (amicus curiae)
2. Added Party
3. Public Interest
4. Participant

Question 14

Who may be involved in a Public Interest Intervention?

Answer 14

Stakeholders like environmental groups when implications of court/tribunal decisions may be far reaching

Question 15

In an intervention, what may a Participant do?

Answer 15

• may attend a hearing and make statements

May NOT: question witnesses, ask for costs, adjournments or request a review of the decision

Question 16

What are 4 types of Causes of Action are there in Private Common Law?

Answer 16

1. Nuisance
2. Public Nuisance
3. Trespass and Trespass to Person (Assault and Battery) Torts
4. Negligence

(Alternatively, 3: Nuisance, Negligence, Tresspass)

Question 17

What is Nuisance?

Answer 17

• Unreasonably interfere with the use and enjoyment of another person’s property
• a type of tort (civil wrong)

Question 18

What is the defense to Nuisance?

Answer 18

• having permit/approval to do what lead to the alleged nuisance.
• proving emmission levels are within terms of approval.

Question 19

What is Public Nuisance?

Answer 19

• a type of tort
• entire community is affected
• usually brought by governments

Question 20

What is Negligence?

Answer 20

Acting unreasonably and causing harm to someone

Question 21

What two categories can Causes of Action be divided into?

Answer 21

1. Private Common Law - torts (civil wrongdoings); based on case law (precedent)
2. Statutory - enacted by written law (eg. Environmental Bill of Rights) - anyone can bring into action when a person has violated environmental law

Question 22

*What is an Injunction?

Answer 22

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]

Question 23

What is a plaintiff?

Answer 23

“a person who brings a case against another in a court of law.”

Source: Google dictionary

Question 24

Who has greater rights, an Added Party or a Friend of the Court?

Answer 24

Added Party.

They are given full party status, even though they are not one of the two main players

Question 25

BONUS: What are three types of Administrative Orders?

Answer 25

Stop, control, and remedial orders