Sierra Club Canada Foundation v. Canada (Environment and Climate Change)
SIERRA CLUB CANADA FOUNDATION
MI'GMAWE'L TPLU'TAQNN INC
MINISTER OF ENVIRONMENT AND CLIMATE CHANGE
THE ATTORNEY GENERAL OF CANADA
EQUINOR CANADA LTD
Law Firm / Organization
Osler, Hoskin & Harcourt LLP
  • Background: Sierra Club Canada Foundation, Équiterre, and Mi'gmaq First Nation challenged the Minister of Environment and Climate Change's decision approving the environmental assessment of the Bay du Nord Development Project.

  • Key Issues:

    1. Whether the Minister's decision was unreasonable for not considering the project's downstream greenhouse gas (GHG) emissions and marine shipping impacts.
    2. Whether the Minister failed to properly consult with Indigenous groups, specifically on marine shipping impacts.
  • Court's Findings:

    1. The decision to not include downstream GHG emissions in the environmental assessment was deemed reasonable. The court noted that the specific downstream uses and locations of the project's oil are uncertain, making it challenging to determine the legislative authority of Parliament over these emissions.
    2. The Minister's approach to Indigenous consultation, particularly with the Mi'gmaq First Nation, was found to be adequate. The court highlighted that marine shipping concerns were considered, but not within the project's defined scope.
  • Outcome: The court upheld the Minister's decision, finding it reasonable and within the bounds of administrative law principles.

This case underscores the complexities in environmental assessments, particularly regarding GHG emissions and the consultation obligations with Indigenous groups.

Financial terms not specified.

Federal Court
T-938-22
Environmental law
Respondent
06 May 2022