GreenIsle v. Govt. P.E.I., 2005 PESCAD 28 (CanLII)

This case was heard in the Supreme Court of Prince Edward Island (Appeal Division).

Greenisle Environmental Inc. (“Greenisle”) applied for a permit to construct and operate a construction and demolition debris disposal facility in Prince Edward Island. While the application was being processed, the provincial government declared a moratorium on the approval of such facilities. Greenisle applied for judicial review of the government’s decision to impose a moratorium, and the Supreme Court of Prince Edward Island (Trial Division) set aside the decision. The provincial government then passed an amendment to the provincial Environmental Protection Act prohibiting all future permits for construction and demolition debris disposal facilities. Greenisle applied for a Court order declaring that the amendment did not affect its right to have its application considered in accordance with the previous law. A Judge of the Trial Division held in Greenisle’s favour and issued the order. The Government of Prince Edward Island then appealed to the Prince Edward Island Court of Appeal.

After consideration, the Court held that the amendment passed by the provincial government was clearly intended to capture businesses in Greenisle’s position, as the legislation stated explicitly that permits would not be granted in cases where applications were pending at the time the amendment was passed. The Court determined that the Province had the jurisdiction to enact such a law in the interest of environmental protection, and so it allowed the Province’s appeal and set aside the decision of the Trial Division.

To read about this case in the Trial Division, go to GreenIsle v. Govt. P.E.I., 2005 PESCAD 27 (CanLII).

View the Decision on CanLII: https://www.canlii.org/en/pe/pescad/doc/2005/2005pescad28/2005pescad28.html

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