Ontario Court of Appeal to Hear Landmark Landfill Case

Jun 23 2004

On Monday, June 28, 2004, Ontario’s highest court will be hearing a precedent-setting case involving landfill approvals, the Environmental Assessment Act ("EA Act"), and the Crown’s fiduciary duty towards First Nations. The appeal is being brought by Canadian Waste Services Inc. ("CWS") against a decision of the Ontario Divisional Court that the Environment Minister does not have jurisdiction under the EA Act to exclude fundamental environmental planning issues (i.e. "need" or "alternatives to") from EA processes. This ruling applies not only to the CWS proposal to expand the Richmond Landfill near Napanee, but also to every other public and private sector undertaking subject to the EA Act. Nine parties and intervenors will be participating in the appeal. The parties who won the Divisional Court case (i.e. the Mohawks of the Bay of Quinte and local Tyendinaga Township residents) will be sending a busload of representatives to observe the June 28th proceedings in the Ontario Court of Appeal. The facts and legal issues in the appeal are summarized in the backgrounder, linked below. - 30 - For further information, please contact: Patrick Schindler (MBQ lawyer) 416-410-0809 Richard Lindgren (CELA lawyer) 613-385-1686 Chief R. Don Maracle (MBQ) 613-396-3424 Stephen Geneja (Township residents) 613-969-0286