CELA Clients take landfill fight to the Supreme Court of Canada

CELA Bulletin  48: 9-September-2004 Periodic E-News from the Canadian Environmental Law Association In this issue:

  1. CELA Clients take landfill fight to the Supreme Court of Canada
  2. CELA prepares guidance materials for citizen submissions on the Draft Great Lakes Water Management Initiative
  3. CELA Submits Comments on Ontario's Source Water Protection Law

1.  CELA Clients take landfill fight to the Supreme Court of Canada Residents living near the Richmond Landfill have instructed CELA to take their legal challenge regarding the proposed landfill expansion to the Supreme Court of Canada.  The Mohawks of the Bay of Quinte have also decided to take this matter to the Supreme Court of Canada. In a precedent-setting decision in 2003, the Ontario Divisional Court ruled that the Environment Minister has no jurisdiction under the Environmental Assessment Act to exclude key planning issues – such as “need” and “alternatives” – from the EA process for the proposed landfill expansion.  However, on an appeal by the landfill proponent, the Ontario Court of Appeal recently overturned the Divisional Court ruling.  Accordingly, CELA’s clients and the Mohawks will be seeking leave to appeal the Court of Appeal’s August 25, 2004 decision to the Supreme Court of Canada. For more information: Richard Lindgren 613-385-1686 On-line:September 9, 2004 Media Release: Mohawks and Residents' Group take Napanee Dump Battle to the Supreme Court of CanadaRichmond Landfill - Upholding Ontario's Environmental Assessment Process. On-line collection of materials regarding Sutcliffe v. Ontario (Minister of Environment).  2.  CELA prepares guidance materials for citizen submissions on the Draft Great Lakes Water Management Initiative  To assist citizens prepare for upcoming public hearings and/or to make written submissions, CELA has prepared preliminary guidance materials on the Draft Great Lakes Water Management Initiative. For more information:Sarah Miller 416-960-2284 ext 213 On-line:September 8, 2004 Announcement and related guidance materials.Collection of on-line materials about Great Lakes Annex 2001. 3.  CELA Submits Comments on Ontario's Source Water Protection Law   CELA has recently prepared a comprehensive response to the Ontario Ministry of Environment's proposed Drinking Water Source Protection Act.  In summary, CELA commends the Ontario government for moving ahead with the legislation, but notes that the draft bill requires extensive amendments in order to provide effective and enforceable protection of drinking water sources.  Accordingly, CELA has prepared its own draft legislation, which was also submitted to the MOE for its consideration. For more information:Richard Lindgren 613-385-1686 On-line:CELA's Submission on Source ProtectionCELA's Draft LegislationFull Collection of on-line materials on source protection