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La multiplicité des rôles du ministre de l’Environnement s’oppose-t-elle à l’exigence de l’impartialité ?

Authors
Journal
Les Cahiers de droit
0007-974X
Publisher
Consortium Erudit
Publication Date
Volume
44
Issue
1
Identifiers
DOI: 10.7202/043740ar
Disciplines
  • Law

Abstract

In the case involving Procureure générale du Québec vs. Compagnie pétrolière Impériale ltée, the Québec Court of Appeal ruled that a Minister of the Environment who enjoins a person to decontaminate land must act in a spirit of respecting the rule of impartiality. The highest court of justice in the province has nonetheless decided that whenever there is reasonable fear of partiality issuing from a conflict between the various duties that the legislator has entrusted to the Minister, it becomes impossible to declare the order null or to nullify it on the grounds of misuse of authority when it involves, among other things, the protection of the public. This position taken by the Court raises several questions that are doubtlessly not foreign to the decision handed down by the Supreme Court of Canada granting permission to appeal this judgment.

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