ENVIRONMENTAL LAW
ENPL 401 – ENVIRONMENTAL LAW GROUP ASSIGNMENT This assignment requires students to find, review, and analyze the British Columbia (BC) Supreme Court (Supreme Court) and BC Court of Appeal (Court of Appeal) decisions in O.K. Industries Ltd. v. District of Highlands, 2021 BCSC 81 and 2022 BCCA 12, respectively. The decisions centre on the legislative restraints on municipal authority to regulate local mines and mining activity under the Local Government Act, R.S.B.C. 2015, c. 1 (LGA) and Community Charter, S.B.C. 2003, c. 26. (Community Charter). This assignment provides an opportunity for students to practice legal research and to extend their understanding of the nature and extent of municipal government environmental powers, the principles of stare decisivecedent) and statutory interpretation, and the relationship between statute law and common law.
Statutory Interpretation: In this case, the parties disagreed not only on whether the municipal bylaws apply to the proposed quarry but also on the appropriate approach to apply for interpreting the legislative scheme to determine whether the municipal bylaws apply to the proposed quarry. a. Compare and contrast the arguments made by the municipality and the findings of the Court of Appeal with respect to the appropriate approach and principles of statutory interpretation to be applied in this case (15 marks). b. Compare and contrast the ultimate decisions of the Supreme Court and the Court of Appeal on whether and to what extent the municipal bylaws apply to the proposed quarry and Property (10 marks). Use references from readings.
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