environmentalprotection-HumanConstitutionalRights.docVIP

ENVIRONMENTAL PROTECTION ENVIRONMENTAL PROTECTION 1 EUROPEAN COURT OF JUSTICE 2 Handelshwekerij G J Bier B V Another v Mines De [1978] QB 708, [1977] 3 WLR 479: 2 EUROPEAN COURT OF HUMAN RIGHTS 2 BALMER-SCHAFROTH AND OTHERS v. SWITZERLAND (67\1996\686\876) 26 August 1997: –Extension by Swiss Federal Council of licence to operate nuclear power station-- Right to have physical integrity adequately protected from risks entailed by use of nuclear energy-- Link between the operating conditions of the power station and right to protection of their physical integrity 2 GUERRA AND OTHERS v. ITALY (116/1996/735/932) 19 February 1998: Failure to provide local population with information about risk factor and how to proceed in event of an accident at nearby chemical factory -- Urgent application-- Lodging a criminal complaint-- Right of public to receive information-- Direct effect of toxic emissions on applicants’ right to respect for their private and family life—Effective protection 6 Canada 11 R. v. Hydro-Québec [1997] 3 S.C.R. 213: Federal legislation empowering Ministers to determine what substances are toxic and to prohibit introduction of such substances into environment except in accordance with specified terms and conditions -- Whether federal legislation valid -- Whether legislation falls within Parliaments jurisdiction to make laws for peace, order and good government of Canada -- Whether legislation falls within Parliaments criminal law jurisdiction -- 11 Friends of the Oldman River Society v. Canada (Minister of Transport) [1992] 1 S.C.R. 3: -- Environmental assessment -- Whether federal environmental guidelines order intra vires Parliament -- Judicial review -- Remedies -- Discretion 15 Ontario v. Canadian Pacific Ltd. [1995] 2 S.C.R. 1031: Vagueness -- Use of reasonable hypotheticals -- Overbreadth -- Environmental protection law drafted in very broad terms -- Whether or not law capable of interpretation so as to allow for legal debate 20 Gauthier v Commission