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Sierra Club Canada Foundation et al. v. Minister of Environment and Climate Change Canada et al. - judgment

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Sierra Club Canada Foundation et al. v. Minister of Environment and Climate Change Canada et al. - application

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The Applicants, three environmental non-profit organizations, challenged the decision of the federal Minister of Environment and Climate Change to approve the environmental assessment report of the Bay du Nord Development Project, an offshore oil production project in the Atlantic Ocean. The Applicants claimed that the Minister’s decision was unreasonable because it is based on a report that fails to consider the downstream impacts of GHG emissions and marine shipping of oil from the project. The Applicant’s also claimed that the Minister’s decision was invalid because the Crown failed to properly consult and accommodate the Mi’gmawe’l Tplu’taqnn Incorporated (“MTI”), a not-for-profit organization representing eight Mi’gmaq communities in New Brunswick, on marine shipping.

The Federal Court concluded that the Minister’s decision was reasonable and the Crown had met its duty to consult before reaching the decision under review and dismissed the application. On the failure to consider the impacts of downstream GHG emissions and marine shipping, the Court found that downstream greenhouse gas emissions were not within the legislative authority of Parliament, as they could occur anywhere in the world and for various purposes, and the Impact Assessment Agency of Canada (“Agency”) would be speculating if it tried to assess them. The Court also found that the Agency’s decision was consistent with previous regulatory decisions that did not require the consideration of downstream GHG emissions, and the Agency had a wide margin of appreciation in determining the scope of the project.

On the failure to consult, the Court found that the Crown had met its duty to consult before reaching the decision under review. The Court held that the Agency had reasonably determined the degree of consultation required based on the low level of potential impacts and the unlikeliness of such impacts to the rights held by the groups represented by MTI, and further found that the Agency had provided MTI with multiple opportunities to raise their concerns and provide comments, which were considered and responded to by the Agency and the Minister. The Court found that the Crown was not required to agree with the concerns raised by MTI or to reach agreement or perfection in the consultation process.

In September 2023, the Applicants filed an appeal in the Federal Court of Appeal, which was heard in November 2024. A decision has not been rendered.

Sierra Club Canada Foundation et al. v. Minister of Environment and Climate Change Canada et al.

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

Any substance with chemical properties that can cause physical harm to people or damage the environment, including ammonia, carbon monoxide, phosphine, chlorine, arsenic, cadmium, mercury, pesticides, dioxins, microplastics, benzene, asbestos, aflatoxins, fluoride, methanol, and toxins from marine sources.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Climate change can have a range of impacts on technological system. Extreme weather events can cause infrastructure failures like power outages or damage to roads and bridges, as well as the impacts from waste following natural disasters. Human activities also cause technological impacts, such as the risks posed by oil spillage and leaks.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Financial actors and resources that are primarily directed towards climate change mitigation, adaptation and compensation.

A company that is owned wholly or partially by the state, typically operating in key sectors.

Dedicated pool of financial resources for climate-related projects.

Activities involving the management, development, and sale of property assets.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves activities to move goods and people, alongside the storage of products.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

This sector involves the wholesale and retail selling of goods.

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Activities of industries that extract natural resources, such as mining, oil, and gas, for commercial use.

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.