Reference re Environmental Management Act

2020 SCC 1 [2020] 1 SCR 3 Court SCC Decision date 2020-01-16 Heard 2020-01-16 Docket 38682 English

PartiesIN THE MATTER OF a Reference by the Lieutenant Governor in Council set out in Order in Council No. 211/18 dated April 25, 2018, concerning the constitutionality of amendments to provisions in the Environmental Management Act, S.B.C. 2003, c. 53, regarding the impacts of releases of certain hazardous substances Appellant·Attorney General of British Columbia Appellant·Attorney General of Canada Respondent·Attorney General of Ontario, Attorney General of Quebec, Attorney General of Saskatchewan, Attorney General of Alberta, Ecojustice Canada Society, Canadian Energy Pipeline Association, Assembly of First Nations, Heiltsuk Tribal Council, City of Burnaby, Trans Mountain Pipeline ULC, Enbridge Inc., Railway Association of Canada, Explorers and Producers Association of Canada, Canadian Fuels Association, Council of The Haida Nation, Little Shuswap Lake Indian Band, City of Vancouver, Suncor Energy Inc., Imperial Oil Limited, Husky Oil Operations Limited, Cenovus Energy Inc., Canadian Natural Resources Limited, Beecher Bay First Nation, Songhees Nation, T’Sou-ke Nation and Canadian Association of Petroleum Producers Interveners

Counsel (1)

Solicitor for the respondent: Attorney General of Canada, Vancouver.

Judges Wagner, Richard; Abella, Rosalie Silberman; Moldaver, Michael J.; Karakatsanis, Andromache; Côté, Suzanne; Brown, Russell; Rowe, Malcolm; Martin, Sheilah; Kasirer, Nicholas

Delivered by Unanimous — Wagner C.J.

On appeal from British Columbia

Contents

Unanimous Judgment Read By — Wagner C.J.

The Chief Justice — We are all of the view to dismiss the appeal for the unanimous reasons of the Court of Appeal for British Columbia.