What is the standard for correctness in the context of environmental legislation?
British Columbia, Canada
The following excerpt is from Friends of Davie Bay v. Province of British Columbia, 2012 BCCA 293 (CanLII):
Friends of Davie Bay submits that cases decided in the environmental context suggest that correctness is the proper standard. They rely upon David Suzuki Foundation v. Canada (Fisheries and Oceans), 2010 FC 1233, var’d on other grounds 2012 FCA 40, and Environmental Defence Canada v. Canada (Fisheries and Oceans), 2009 FC 878. The contexts of these decisions are too dissimilar to that of the instant case to provide much assistance.
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