Sierra Club Canada Foundation v. Canada (Environment and Climate Change)
SIERRA CLUB CANADA FOUNDATION
WORLD WILDLIFE FUND CANADA
ECOLOGY ACTION CENTRE
ATTORNEY GENERAL OF CANADA

- Parties: The appellants were Sierra Club Canada Foundation, World Wildlife Fund Canada, and Ecology Action Centre. The respondents were the Minister of Environment and Climate Change and Attorney General of Canada.

- Subject Matter: This case arose from two judicial review applications. The first challenged the validity of a report resulting from a regional assessment of offshore oil and gas exploratory drilling east of Newfoundland and Labrador, conducted under the Impact Assessment Act, 2019. The second sought to quash a regulation made under the Act that exempted certain exploratory drilling activities from numerous impact assessment requirements. The Federal Court dismissed both applications. On appeal, the appellants alleged that the application judge failed to grapple with evidence showing badges of unreasonableness and procedural unfairness in the assessment.

- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. It held that the Federal Court correctly dismissed the application challenging the report and that the remaining three issues were moot. The appeal court noted that, after the hearing of this appeal, the Supreme Court of Canada released its decision in the case of Reference re Impact Assessment Act, 2023 SCC 23, which found the federal impact assessment scheme – consisting of the Act and its accompanying Physical Activities Regulations, S.O.R./2019-285 – partly unconstitutional.

- Date: The hearing was set on Mar. 21, 2023. The court released its decision on May 3, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-10-22
Environmental law
$ 0
Respondent
11 January 2021