Environmental assessment and the mining industry — the Consolidated Professor case

CIM Bulletin, Vol. 84, No. 952, 1991

Roger Cotton, Fasken Campbell Godfrey, and James E. Fisher, Baker & McKenzie, Toronto, Ontario

The legal background for environmental issues, and the growing emphasis both from government and private concerns of corporate and management liability for environmental problems provides one of the driving forces behind the growing concern with environmental law for the future. One prime objective must be the identification and minimization of potential liability, both for the corporation and its officers, directors and employees. This paper will identify the basis for liability of individuals and corporations for environmental matters, focussing on current legal requirements, and the appropriate legal response to events of such potential liability. It will also consider the reduction of liability through the implementation of management systems and environmental policies in order to ensure due diligence both with respect to corporate responsibility and the responsibility of the individuals within the corporation.

Mots Clés: Environmental assessment, Consolidated Professor Mines Ltd., Duport Project, Bill C-78.