R. v. Hydro-Québec [1997] 3 SCR 213
[1997-09-18] Supreme Court of Canada, Case number: 24652
Hydro-Québec allegedly dumped polychlorinated biphenyls (PCBs) into a river in early 1990. The respondent was charged with two infractions under section 6(a) of the Chlorobiphenyls Interim Order, which was adopted and enforced following subsection 34 and 35 of the Canadian Environmental Protection Act, which deals with the identification of substances that could pose a risk either to the environment or to human life or health, and then provides a procedure for adding them to Schedule 1 of the List of Toxic Substances, which creates regulations and conditions under which substances listed may be released into the environment.
According to section 11 of the Canadian Environmental Protection Act, a substance is considered harmful to the environment when it causes immediate or long-term effects to ecological systems, creates danger to the environment on which human life depends on, or constitutes a danger to human life or health. Similarly, in section 3 it defines a substance as any kind of organic matter, and the environment as the components of the Earth. The Ministers of the Environment and Health believed immediate action was required after the actions of Hydro-Quebéc, stating their actions went against the Canadian Environmental Protection Act, specifically an offence under section 113, which aims to prevent and protect the environment and human health in order to contribute to sustainable development. Though the question remained if the Act should be upheld as criminal law.
Hydro-Quebéc was initially found not guilty in all lower courts, including the Quebéc Court of Appeal, but a further appeal to the Supreme Court of Canada found Hydro Quebéc guilty.
In the end, under judges Sopinka and Iacobucci, the Court held that the Canadian Environmental Protection Act constituted criminal law and was upheld as federal legislation.
The case was significant for the safety of ecosystems as upholding the Act under criminal law means that any and all acts against the environment, not just humans, could be tried under section 91, subsection 27 of the Constitution Act of 1867. This means the Court recognized that protecting the environment and human health from toxic substances is a legitimate issue that deserves a decision from federal jurisdiction. Additionally, R. v. Hydro-Québec became a landmark case in Canadian environmental law, setting a precedent for the federal government's ability to legislate on environmental cases.
Works Cited
“R. v. Hydro-Québec.” The Supreme Court of Canada, 18 Sept. 1997,
https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/1542/index.do.