Does the public interest in environmental protection allow the sacrifice of the innocent? The Ontario Ministry of the Environment and Climate Change, and the Environmental Review Tribunal, think it does.
Few people, however innocent, can afford to appeal environmental orders, if they must also comply with the order throughout the appeal, with no prospect of recovering the funds even if the order is found to be illegal. A recent decision of the Ontario Environmental Review Tribunal (ERT) shows how difficult it has become to obtain a stay pending appeal of environmental orders in Ontario, with no immediate prospect of improvement. . . . [more]