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ARTICLE · 02 FEBRUARY 2010

MiningWatch Client Summary - Supreme Court Of Canada

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The Supreme Court of Canada released its judgment in "MiningWatch Canada v. Canada (Fisheries and Oceans)", 2010 SCC 2, ("MiningWatch") on January 21, 2010, establishing significant new authority in respect of environmental assessments ("EAs") under the "Canadian Environmental Assessment Act" ("CEAA").

CanadaEnergy and Natural Resources
E. Mellett
E. Mellett
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The Supreme Court of Canada released its judgment in MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2, ("MiningWatch") on January 21, 2010, establishing significant new authority in respect of environmental assessments ("EAs") under the Canadian Environmental Assessment Act ("CEAA").

Under CEAA, different levels of assessment, or "tracks", are provided for depending on the nature of the "project" being considered. Sections 21 and 21.1 of CEAA apply to projects described in the Comprehensive Study List Regulations, SOR/94-638 (the "CSL Regulations"). These sections provide that projects described in the CSL Regulations must be assessed by a comprehensive study or referred to a review panel. A comprehensive study requires public consultation and requires the consideration of more environmental factors than a screening EA ("screening").

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