process guide webinar part iv (25 feb 2010)
DESCRIPTION
Court: the last resort. You opposed Alberta Environment’s decision to approve or refuse a regulated activity. Maybe there was no environmental impact assessment. Maybe an appeal to the Environmental Appeals Board was unsuccessful. On February 25th, Adam Driedzic, Staff Counsel with the Environmental Law Centre, discussed judicial review of administrative decision-making. He covered key questions for potential litigants, including: * How is reviewing procedural fairness different from appealing the result? * What remedies can the court award, and what are the risks? * Who may have standing in the courts, and when should they start proceedings?TRANSCRIPT
Guide to Public Participation
in environmental decision-making
Part IV:
Going to Court
ELC Webinar
12:00pm, February 10, 2010
Adam Driedzic
Staff Counsel
Since 1982
Registered Charity
Edmonton-based
Alberta-wide
Water
Land Use
Climate Change
Cumulative Effects
Info-Education
Public Participation
Guide to Public Participation
in environmental decision-making
I: Alberta Environment
II: Environmental Appeals Board
III: Environmental Impact Assessments
IV: Court
Judicial Review
1. Superior Courts
2. Examination of government decision-making process
3. Common law principles
4. Institutional power struggle.
“Rule of Law”
Constitutional principle_________________________________
1. Governed by laws not people
2. Claims against government go to Court.
“Fairness”
Rules for Administrative Decisions:
1. Right to be heard
2. Impartial hearing
“Natural Justice”
Judicial rules_________________________________
1. Consider both sides
2. Cannot judge own cause
ANCIENT
“Fairness”
Administrative rules________________________________
1. Right to be heard
2. Impartial hearing
MODERN
Enforcement
Civil Claim Judicial Review
Environmental Protection
Order
ProjectAuthorization
Procedural Substantive Aboriginal
Alberta Environment goes to Court . . .
Decision of Director / EAB / Minister
1. Jurisdiction ?
2. Discretion?
3. Fairness ?
Judicial Review
6 month
Limitation
period
1. Application
2. Hearing
3. Decision
Against you For you
Decision of Director / EAB / Minister
1. Jurisdiction ?
2. Discretion?
3. Fairness ?
Judicial Review
6 month
Limitation
period
1. Application
2. Hearing
3. Decision
REVIEWABLE?
Against you For you
Decision of Director / EAB / Minister
1. Jurisdiction ?
2. Discretion?
3. Fairness ?
Judicial Review
6 month
Limitation
period
1. Application
2. Hearing
3. Decision
REVIEWABLE?
TIMING?
Against you For you
Decision of Director / EAB / Minister
1. Jurisdiction ?
2. Discretion?
3. Fairness ?
Judicial Review
6 month
Limitation
period
1. Application
2. Hearing
3. Decision
REVIEWABLE?
TIMING?
STANDING?
Against you For you
Decision of Director / EAB / Minister
1. Jurisdiction ?
2. Discretion?
3. Fairness ?
Judicial Review
6 month
Limitation
period
COSTS? COSTS?
1. Application
2. Hearing
3. Decision
REVIEWABLE?
TIMING?
STANDING?
Against you For you
Decision of Director / EAB / Minister
1. Jurisdiction ?
2. Discretion?
3. Fairness ?
Judicial Review
6 month
Limitation
period
COSTS? COSTS?
REMEDY?
1. Application
2. Hearing
3. Decision
REVIEWABLE?
TIMING?
STANDING?
Against you For you
Remedies
Nullify the decision
Order action
Prohibit action
Declaration
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