The Supreme Court of Canada bans the fragmentation of mining projects and ratifies compulsory total environmental assessments (“EAs”) with public participation.

AIDA Americas 27/1/10 

Ottawa, Canada – In a fundamental legal change, on 21 January 2010, the Supreme Court of Canada stated that large-scale mining projects are required to hold a comprehensive environmental assessment, without splitting up the project, and to guarantee public participation. The ruling concludes that the Canadian authorities, on carrying out the environmental assessment for the Red Chris Mine Project (a huge copper and gold open-pit mine), had illegally split it up in order to prevent the extent of the real environmental impact of the work being known.

“We are delighted at this ruling by the Supreme Court of Canada, which should be repeated for governments and mining companies, particularly those in Canada, with large interests in the region,” said Jacob Kopas, lawyer for the Interamerican Association for Environmental Defense (AIDA). AIDA, the Canadian Environmental Law Association (CELA) and various groups presented a document to the court, supporting the demand submitted by Ecojustice and other environmental groups, which highlighted amongst other things the fact that the authorisation of this project did not recognise international environmental legislation.

The “Red Chris” Project would process 30,000 metric tons of ore a day and create toxic waste in a remote and pristine area of the Province of British Columbia, Canada, which is inhabited by large mammals and is an important site for breeding salmon. Considering the potential, irreparable risks which this open-pit mine involves for this area and its inhabitants, a comprehensive assessment is, without doubt, an essential requisite before authorising it.

Canada’s highest court concluded that the federal government violated the relevant regulations when authorising the fragmented project, and also when obstructing the active public participation of communities and local groups in the environmental impact assessment for large-scale projects such as mining. These two elements are essential given that projects like the Red Chris Mine are not merely of interest to investors and to the government, but also to all local communities with an interest in the area which will be affected in many ways.

“In this hemisphere we have witnessed innumerable projects which have massive environmental and social impacts, which unfortunately are presented and evaluated in seperate parts, open-pit mines being an example of this, so this sentence is vital for the region,” said Astrid Puentes, Co-Director of AIDA. “Furthermore, the Court’s decision is in line with international environmental legislation, contributes to preventing irreparable environmental damage and respects the human rights of public participation, creating a big example to follow.”

Decision of the Supreme Court of Canada: http://www.aida-americas.org/sites/default/files/MiningWatch%20v.%20Canada%202010scc2.pdf

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