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ARTICLE · 24 MARCH 2008

Joint Review Panels Exceed Mandate With Use of Sustainability Framework

Osler, Hoskin & Harcourt LLP
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Two recent joint review panel decisions illustrate a recent trend towards expanding the role of sustainable development in environmental assessments.

CanadaEnergy and Natural Resources
Shawn Denstedt
Shawn Denstedt
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Two recent joint review panel decisions (Kemess Panel Report and the White's Point Panel Report) illustrate a recent trend towards expanding the role of sustainable development in environmental assessments. By using sustainability frameworks to make their decisions, both panels exceeded their mandate under existing environmental legislation.

The Kemess Panel Decision

The federal/provincial environmental assessment joint review panel (the Kemess Panel) for the Kemess North Copper-Gold Mine Project (the Kemess Project) released its report on September 17, 2007. The Kemess Panel recommended the rejection of the Kemess Project on the basis that the economic and social benefits of the project, on balance, were outweighed by the "risks of significant adverse environmental, social and cultural effects".

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