Metropolitan Authority v. Coalition of Citizens for a Charter Challenge, 1993 CanLII 3111 (NS CA)

This case was heard in the Nova Scotia Court of Appeal.

After the Supreme Court of Nova Scotia decided that the Coalition of Citizens for a Charter Challenge could challenge the Metropolitan Authority’s decision to adopt a waste-management plan that involved incineration, the Metropolitan Authority appealed to Nova Scotia’s Court of Appeal.

Whereas the Supreme Court of Nova Scotia had accepted the Coalition’s argument that the provincial environmental assessment process was not equipped to deal with challenges being brought under the Charter of Rights and Freedoms, the Court of Appeal disagreed that this was a good reason to grant the Coalition standing. Instead, the Court held that the Coalition had no legitimate basis for a Charter challenge and that the standard environmental assessment process would address the Coalition’s concerns. For these reasons, the Court of Appeal reversed the lower court’s decision and held that the Coalition had no standing to bring its case to trial.

To read about this case in the Supreme Court of Nova Scotia, go to Coalition of Citizens for a Charter Challenge v. Metropolitan Authority, 1993 CanLII 4582 (NS SC). 

View the Decision on CanLII: https://www.canlii.org/en/ns/nsca/doc/1993/1993canlii3111/1993canlii3111.html

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