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press release

MEDIA ADVISORY: Ecojustice will be in court to ensure governments can regulate without having to fork over millions to landowners and companies 

November 6, 2023

CALGARY/TERRITORIES OF THE BLACKFOOT AND PEOPLES OF TREATY 7, HOME TO MÉTIS NATION OF ALBERTA, REGION III – On Nov 9 and 16th, Ecojustice lawyers will be at the Alberta Court of Appeal and the Supreme Court of Canada respectively to intervene on matters before the courts that could greatly impact governments’ abilities across the country to enact sensible environmental regulations. 

Media are invited to attend these hearings and contact us to arrange interviews by phone or email. 

The matters are Altius Royalty Corporation v Alberta and St. John’s v Lynch. These cases originated when companies and landowners alleged that environmental regulations enacted by governments amounted to “constructive taking” (also referred to as ‘de facto expropriation’). Constructive taking is when government flexes its regulatory powers to the extent that it deprives an owner of the use and enjoyment of their property.

Ecojustice lawyers will intervene in these cases to support the ability of governments across the country to enact sensible environmental regulations without fearing that landowners and corporations will sue them for compensation. An outcome favoring landowners and corporations in these cases could ultimately cost taxpayers millions, lead to a situation of “regulatory chill,” and harm communities and nature.   

What: Two separate court hearings in the coming weeks where Ecojustice will be intervening to support the ability of governments to enact environmental regulations.  

When and Where: 

Altius Royalty Corporation v Alberta. Nov. 9, 10 AM MST. Alberta Court of Appeal, Courtroom 1, 450 1 St. SW, Calgary. 

Lynch v St. John’s. Nov. 16, 9:30 AM EST, Supreme Court of Canada, 301 Wellington St., Ottawa. Available by livestream (link to be made available day of)


Sarah McDonald, Staff Lawyer at Ecojustice said:  

“People across Canada expect politicians to enact sensible environmental regulations and laws to protect their communities from the climate, biodiversity, and toxics crises. Yet when that happens, corporations and landowners cry foul then sue taxpayers for millions. We’re in court to ensure governments can’t be held hostage to these short-sighted lawsuits at a time of grave and overlapping environmental crises.”