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ARTICLE · 26 MARCH 2012

Ministry Of Sustainable Development, Environment And Parks Directive Set Aside

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On March 12, 2012, Superior Court of Québec Justice Martin Dallaire handed down an important environmental protection ruling regarding protection and compensation of Quebec's wetlands.

CanadaEnvironment
André Durocher
André Durocher
Pierre-Olivier Charlebois
Pierre-Olivier Charlebois
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On March 12, 2012, Superior Court of Québec Justice Martin Dallaire handed down an important environmental protection ruling regarding protection and compensation of Quebec's wetlands.1 The primary components of this ruling are as follows:

  • Directive No. 06-01 concerning compensation for loss of wetlands as a condition for issuance of a certificate of authorization is null and void.
  • Directive No. 06-01 alters or limits the fundamental right to free disposition of property provided in Section 6 of the Charter of Human Rights and Freedoms and, the compensation required by the directive is therefore illegal.
  • The Minister's use of discretionary power in matters of environmental protection should take economic viability into account, as well as the potential development that a project could bring to a region.

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