Week #4: Using Legal and Adminstrative Decision-Making Processes to Protect the Environment

Question 1

What are the 3 traditionnal standing rules?

Answer 1

• Pecuniary interest
• Personal interest
• Property interest

Question 2

What are the 3 conditions to public interest standing?

Answer 2

• Serious issue to be litigated
• Genuine interest of the applicant
• The litigant is in a better position to bring the action

Question 3

What is particular to class actions?

Answer 3

• Large number of plaintiffs
• Cause of action
• Identifiable class of persons to be represented by the representative plaintiff or defendant
• The claims or defenses raise common issue
• A class action has to be preferable
• Someone will represent the groups and has no conflict of interest

Question 4

What are the distinctive qualities of the representative plaintiff?

Answer 4

• He brings the action on behalf of all the others
• He needs to be approved by the court
• He has the option of opting out if he wants a separate action

Question 5

How can someone without standing participate in a litigation?

Answer 5

Make an intervention. 3 types: amicus curiae, added party or public interest intervention

Question 6

What are the distinctive qualities of the added party?

Answer 6

• Has added rights (appeal, present evidence, cross examinate….)
• Has legal interest and may be adversely affected by the litigation (example, he has a land next to the litigious place)
• Possible risk (paying if you lose)

Question 7

What does an amicus curiae do and how is he different from an added party?

Answer 7

The amicus curiae is not party to the litigation, he makes written or oral submission to help the court resolve the issue

Question 8

Public interest intervention, what is that?

Answer 8

Example: environmental group intervening in a litigation to add its grain of salt (or lawyer without frontier Canada)

Question 9

What is considered administrative decision making process?

Answer 9

Decisions made by administrative officials pursuant to a statute. They differ from judicial decisions by the court.

Question 10

Name 2 types of administrative decisions

Answer 10

• Decisions by government employee or cabinet minister (approval of projects or permits/licenses)
• Decisions by Boards or Administrative tribunals (Environmental appeal board, for example. Another example: an Act that provides power for granting or refusing licenses and approvals)

Question 11

What are 4 caracteristics of the Environmental Review Tribunal (Ontario)? This is an example of an administrative tribunal.

Answer 11

• Quasi-judicial body
• Subject to the rule of natural justice
• Hearss public hearing to assess the merits of an undertaking that will have an impact on the environment.
• Hears appeals under various environmental and planning statutes such as: •Environmental Impact Assessment Act •Environmental Protection Act •Clean Water Act

Question 12

What are 4 caracteristics of the National Energy Board? (NEB; this is an example of an administrative tribunal)

Answer 12

–An independent federal agency.
–Grants approval (after public hearing) for international and interprovincial oil and gas pipeline
.–Investigates pipeline incidents to determine whether there has been breach of statutory regulation.
–Approval of planning, construction, operation and abandonment of energy projects to ensure environmental protection