Public rights victory rises from the dust
If a factory in your neighbourhood causes a serious inconvenience for residents by continually emitting odours, soot or noise, do you deserve compensation? This question was at the heart of a Supreme Court of Canada case last fall.
The precedent-setting decision
offers hope to people far beyond Quebec City; it also upheld the right
of citizens to launch environmental class action lawsuits. “This is a
massive victory for everyday citizens and the environmental community,”
said Amos.
The lawsuit began in 1994 as a class action brought
by 2,000 citizens near Quebec City’s controversial St. Lawrence cement
factory. The group was seeking compensation for the many years they had
been unable to enjoy their yards or hang laundry outside, and for the
frequent cleaning and repainting of their homes. Although the Quebec
Superior Court upheld their claim and ordered St. Lawrence Cement to
pay damages, the Quebec Court of Appeal later reversed this decision.
By
supporting the original ruling, the Supreme Court established that
nuisance claims of environmental harm do not require proof of
wrongdoing or fault. “The Court upheld one of the most important
principles in environmental law – that polluters must pay,” said Amos.
What are your thoughts on this precedent-setting victory?
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