New Developments Environmental Law July 2011
Legislation
Nova Scotia
Bill No. 45, Wilderness Areas Protection Act (amended), An Act to Amend Chapter 27 of the Acts of 1998, the Wilderness Areas Protection Act (Still at First Reading as of Apil 28, 2011).
This Bill proposed to amend the legislation as follows:
1) Clause 1 allows for off-highway vehicle use on existing trails within a designated wilderness area and requires that
management plans for wilderness areas be enacted and adopted within twelve months of this Bill receiving Royal Assent.
management plans for wilderness areas be enacted and adopted within twelve months of this Bill receiving Royal Assent.
2) Clause 2 allows persons holding renewable leases and licences to access camps or cottages to renew those leases and licences.
Federal
The Federal Government has yet to consider or debate environmental legislation in the 41st Parliament, 1st Session, June 2, 2011 – Present.
Case Law
Atlantic Provinces & Federal
There were no court decisions relating to environmental law issues of general interest in Atlantic Canada or Federally.
British Columbia
Scory v. Krannitz, 2011 BCSC 674 – Failed “SLAPP” Suit
http://www.canlii.org/en/bc/bcsc/doc/2011/2011bcsc674/2011bcsc674.html
Ecojustice recently defended a small community group against a “SLAPP Suit” (Strategic Legal Action Against Public Participation) brought by a developer. The group voiced concerns about a large fill site proposed for its community. The group was concerned that the fill would erode into the stream and damage the sensitive fish habitat. It voiced these concerns in letters to politicians and at a town council meeting. The developer sued the group and two citizens (neighbours) for speaking out, claiming they had, amongst other things, defamed him. The trial judge dismissed the developer’s action summarily decision and ruled that the Society’s public statements about what could happen to the environment were not defamatory statements, but were “opinions on a matter of public interest.” As stated on Ecojustice’s website “[T]he decision confirms the public’s legal right to speak up when the environment is put in jeopardy. However, most people in the same situation are denied this justice. The cost to defend against these law suits can be prohibitively high, even when just seeking a quick dismissal.” The developer has appealed.