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The Court of Appeal upheld the Town's convictions for damaging endangered Piping Plover habitat through beach maintenance.
The Town of South Bruce Peninsula appealed its conviction for damaging Piping Plover habitat under the Endangered Species Act, 2007.
The appeal raised issues regarding the interpretation of "damage" under the Act and the admissibility of expert evidence from a Ministry biologist.
The Court of Appeal dismissed the appeal, upholding the lower court's interpretation of "damage" as including actions that make habitat less attractive, useful, or valuable from the species' perspective, and affirming the admissibility of the expert's evidence, despite concerns about impartiality, as the trial judge's decision was entitled to deference and the evidence of another expert was sufficient.
Leave to intervene is granted to environmental organizations in a quasi-criminal appeal concerning endangered species habitat.
The proposed interveners, Environmental Defence Canada Inc. and Federation of Ontario Naturalists, sought leave to intervene in an appeal concerning the statutory interpretation of s. 10(1) of the Endangered Species Act, 2007, which prohibits damage to habitats of endangered species.
The Town of South Bruce Peninsula opposed the intervention, arguing it would not offer a useful contribution.
The court granted leave to intervene, finding the matter to be of public interest with broad implications, and that the interveners, as reputable environmental organizations, could offer a unique and useful perspective on the interpretation of "damage" and the application of principles like de minimis and the precautionary principle, without causing injustice to the appellant.
Party status granted to First Nation and local residents in appeal of environmental penalty orders.
During a Case Management Conference for an appeal of Environmental Penalty Orders regarding sulphur dioxide emissions from a refinery, Aamjiwnaang First Nation, Vanessa Gray, and Arnold Norman Yellowman requested Party status.
The Tribunal granted their requests, finding that their interests may be directly and substantially affected by the hearing, they have a genuine interest in the subject matter, and their presence is necessary to enable the Tribunal to adjudicate effectively and completely.
The Tribunal also approved the Issues List and Procedural Order.
