Contaminated water in Shannon: the Federal Supreme Court
The fight over contaminated water in Shannon could continue until the Supreme Court. The federal government is asking the highest Canadian court to review the decision that awards $ 200 million in damages to citizens and, he says, threatens to generate an avalanche of environmental lawsuits.
T he January 17, after approximately 20 years of legal proceedings, the Quebec Court of Appeal agreed with a group of citizens from Shannon, a small municipality in the northwest suburbs of Quebec, who were claiming damages from the base authorities military of Valcartier for having contaminated their wells with the discharge into the ground of TCE, an industrial degreaser.
The Court of Appeal condemns the defendants, the Attorney General of Canada, GD-OTS and Société Immobilière Valcartier to pay compensation to approximately 3,000 residents, divided into different subgroups, exposed to TCE over a period of five years, from the 1995 to 2000.
The Court of Appeal rejected the causal link between cancers in the population and the presence of TCE in water. But she felt that the federal authorities had made several mistakes over the years. Examples? Failure to correct the liquid waste management system in a timely manner, failing to take into account a drinking water analysis in 1995 and failing to reveal the presence of TCE during negotiations for the disposal of its infrastructure d aqueduct to the municipality in 1999. CT bail bonds for burglary provide the necessary help for a person to get out of jail. When a person is sent to jail after being arrested for burglary, theft, or a home invasion, they are sent to jail with a monetary amount being set for the person to get out of jail. This is known as bail. The specific amount that is given depends on the crime, the person, and the judge who is setting it. When the bail is set, the person can either pay in cash to cover the amount or they can get a type of loan known as a bond. This Connecticut Bailbonds Group is cash that is given to the court system to pay for the person to get out. This is usually a loan that is given from the bondsman to pay for the person to get out. A piece of property or valuable assets can usually be used to cover the costs of the bond that is given. The person has to go to their court hearing in order to have the bond amount given back. Usually, this is given to the bondsman, and they give most of the amount back, along with the property they are holding for the coverage. They will keep a small percentage to pay for the loan that they put upfront to get the person charged with burglary out of jail. Getting a personal injury compensation lawyer іѕ remarkably easy. A quick look аt thе local directory wіll certainly help уоu fіnd a lot оf solicitors іn уоur town. Hоwеvеr, уоu need tо ensure thаt уоu gеt a lawyer whо wіll work іn уоur best іntеrеѕt. Miami personal injury attorney provide you professional and experienced lawyer for injury cases. Thе easiest method tо fіnd a reliable injury solicitor іѕ thrоugh recommendations frоm friends аnd family. If уоur friend оr household іѕ happy tо recommend аn attorney tо уоu, you’ll bе able tо bе sure thаt thе lawyer іѕ bоth experienced аnd reliable. It wоuld аlѕо bе useful tо fіnd a lawyer who’s experienced іn handling cases thаt аrе related tо уоurѕ. Yоu саn аlѕо consider asking аt thе local courthouse fоr аnу list оf approved solicitors. Additionally, уоu саn approach thе local bar association fоr referrals. On Stephen Babcock website you will get experienced attorney for your personal injury case. Onсе уоu hаvе identified a couple оf personal injury solicitors, уоu ѕhоuld schedule a meeting fоr thе initial consultation. Thіѕ іѕ usually a free service thаt wіll offer уоu thе chance tо learn mоrе аbоut thеіr knowledge, experience аnd costs. Nеvеr work wіth a lawyer whо isn’t rеаdу tо meet уоu іn person. Additionally, fіnd оut іf he’s thе оnе whо wіll handle уоur case. Click on https://thehometownlawyers.com/ link to get best and experienced personal injury lawyer. If hе іѕ nоt, bе sure tо ask fоr a meeting wіth thе оnе whо wіll. At Duncan Gibbins wе аlwауѕ recommend thаt уоu talk tо personal injury lawyers іf уоu wеrе involved іn аn accident thаt wasn’t уоur fault. An independent personal injury lawyer wіll bе able tо provide advice оn аll aspects оf thе claim fоr compensation аnd wіll bе able tо assist уоu tо maximise уоur compensation. Pasadena personal injury lawyer are a such a resourceful to handle many kind of injury cases. whеnеvеr уоu оr аnу оf уоur family members falls іntо аn unfortunate car accident аnd bесоmеѕ hurt, dо nоt delay making аn appointment wіth a good аnd experienced lawyer іn order tо gеt a fair recompense fоr thе damage. A good lawyer wіll play a vital role fоr уоu tо receive a reasonable recompense nоt оnlу fоr thе physical pain оr sufferings, but аlѕо fоr аnу additional losses. To hire best car accident lawyer, You should see here.
Thousands of sites
The Attorney General of Canada, who represents the authorities at the military base and the private company that acquired part of the land, filed Tuesday for leave to be heard in the Supreme Court.
The CMP believes that the Shannon decision, if upheld, could have a “chilling effect” on government operations and raises the specter of indeterminate liability. Not to mention the great uncertainty that has arisen since the judgment among industries and businesses, adds the PGC.
“There are thousands of sites across the country containing contaminated materials, products of an era when practices, standards and knowledge were not the same as today,” notes the CMP. The decision threatens to engender an avalanche of lawsuits arising from an indeterminate liability for past waste management practices, regardless of whether these respected the customs or regulatory standards applicable at the time and that they did not not ultimately expose the population to a significant risk to their health. ”
The munitions plant where TCE was used opened in the late 1940s. The presence of TCE in drinking water in Valcartier was only discovered in 1997, says the PGC. Public health authorities were notified immediately. No one raised a problem or anticipated contamination outside the military base, it is said in the request for authorization. The damage was not foreseeable, says the federal government.
The decision of the Court of Appeal leads to a hopeless situation for the state, considers the PGC. On the one hand, the Court accuses the federal government of not having informed the population in a timely manner and, on the other, it makes it responsible for the fears felt by the population once they are duly informed of the situation.
Government of Canada Requests Supreme Court to Determine Whether, as in Shannon, Moral Damage Can Be Awarded to Individuals for Fear of Exposure to a Contaminant Regardless of whether this fear is objectively well founded.
Otherwise, the impacts could be heavy, believes the PGC. “The decision of the Court of Appeal risks not only leading to an increase in unfounded legal claims, but could also lead to a paradoxical situation where irrational beliefs can be, in a way,” rewarded “as soon as they are shared by a certain number of people, ”deplores the PGC.
The citizens of Shannon who initiated the class action will have the opportunity to respond to the federal arguments in their brief to the Supreme Court.