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Friends of the Oldman River Society v Canada (Minister of Transport), [1992] 1 S.C.R. 3

Facts:

Act requires federal departments to screen activities that may have an environmental affect, if it could have serious effects, must be a public review. AB gov wanted to construct a dam, approval was given not subject to an environmental assessment

Ratio:

Environment like health is unenumerated – and both govs can regulate the environment if they can anchor the legislation in one of their own powers

Analysis:

Environment does not have a requisite distinctiveness to meet the test under national concern doctrine

One may legislate in regards to prov aspects and the other fed aspects
**Although local projects will generally fall w/in prov responsibility, fed participation will be required if the project impinges on an area of fed jurisdiction


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