Decision-making regimes governing environmental assessment in Canada / John Edward Glenn.: En107-3/14-1992E-PDF

"Environmental assessment in Canada has traditionally operated according to the informal model of executive power. According to this model, executive officials are granted considerable discretion to apply broadly-phrased assessment legislation. In a series of recent cases concerning federal environmental assessment activities under the Environmental Assessment Review Process Guidelines Order, however, Canadian courts went some way towards imposing a much more rigid and legalistic model of decision-making upon federal officials. Due to the Canadian executive’s ability to forestall activist jurisprudence or overcome such activism as does occur, however, the traditional model of environmental assessment decision-making, based on the prudential exercise of executive discretion, will probably continue to inform environmental decision-making well into the foreseeable future"--Abstract, p. 4.

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