Gauthier v Naneff 1970FactsNaneff proposed to hold a boat race on Lake Ramsay in Sudbury. Gauthier who owned the lake tried to get an injunction to prevent the race because it would affect water quality.
IssueWhether the race would affect the plaitiffs right to not have the lake water polluted.
ArgumentPlaintiff said outboard motors would damage purity of the water and it would be irreplacable.
DecisionPlaintiff wins. The court refused to consider arguments by the defendant that the races would create economic benefits and raise funds for charity. Were not enough to justify pollution.
EBR- passed in 1993 after lobbying by environmental groups. Represented a radically new approach, describing environmental concerns in terms of human rights. The EBR designed to empower members of the public in their efforts to take responsibility.Government must give EBR notice of proposed governmental action that is subject to public consultation. Legislation established an Environmental Commisioner to monitor statements of environmental value to investigate environmental violations and report on ministry compliance with legislation.