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ARTICLE · 21 JANUARY 2009

SCC Grants Leave To Appeal In MiningWatch Canada v. DFO

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On December 18, 2008, Supreme Court of Canada (SCC) Justices Abella, Binnie and Deschamps granted to MiningWatch Canada (an environmental advocacy group) leave to appeal a decision of the Federal Court of Appeal.

CanadaEnergy and Natural Resources
Samuel Denstedt
Samuel Denstedt
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On December 18, 2008, Supreme Court of Canada (SCC) Justices Abella, Binnie and Deschamps granted to MiningWatch Canada (an environmental advocacy group) leave to appeal a decision of the Federal Court of Appeal. The SCC's ruling in this case will likely have implications for projects that trigger Canadian Environmental Assessment Act (CEAA) environmental assessments, particularly where the proposed project is primarily approved under provincial laws.

Background

The case is with respect to the application of the CEAA to a proposed gold and copper mine in northwestern British Columbia. The Responsible Authority (RA) – the Minister of Fisheries and Oceans – initially determined to assess the mining project through a comprehensive study pursuant to the CEAA, which by statute required public consultation. Subsequently, the RA decided to conduct a screening of the project, which did not mandate public consultation under the CEAA.

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