This decision sets the stage for stronger review of environmental regulations
In good news for environmental protection, today the Supreme Court of Canada held that regulations are subject to the same judicial scrutiny as other forms of government decision-making. This means that when the executive branch of government — like ministers or Cabinet — makes rules, Courts can ensure those rules are a reasonable exercise of their authority.
In April 2024, Ecojustice lawyers intervened in this case, on appeal from the Alberta Court of Appeal, anticipating that the decision would have far-reaching implications for the level of judicial oversight that can be applied to Canadian environmental regulations.
The decision in Auer v Auer centers on what ‘standard of review’ — meaning what level of judicial scrutiny — judges can apply to regulations when they are subject to a legal challenge. Previously, courts required challengers to clear an impossibly high bar: showing a regulation was “irrelevant, extraneous or completely unrelated” to the purpose of the law that enabled its making. This left regulations in place that undermined environmental protections. In the Auer decision, the Supreme Court clarified that regulations can be challenged if they don’t conform to the purpose of the underlying laws. This is important to environmental law, because the effectiveness of many such laws depends on the regulations the executive branch of government makes to implement them.
Lindsay Beck, Staff Lawyer, Ecojustice said:
With today’s decision, the Supreme Court recognized that the judiciary has a role to play in reviewing regulations to ensure that they comply with the environmental protection purposes of the law. Hopefully this helps ensure that environmental laws are able to help protect people and the environment as intended.
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Ecojustice uses the power of the law to defend nature, combat climate change, and fight for a healthy environment. Its strategic, public interest lawsuits and advocacy lead to precedent-setting court decisions and law and policy that deliver lasting solutions to Canada’s most urgent environmental problems. As Canada’s largest environmental law charity, Ecojustice operates offices in Vancouver, Calgary, Toronto, Ottawa, and Halifax.
