The New Normal? Natural Resource Development, Civil Disobedience, and Injunctive Relief

Abstract

In recent years, contentious energy and pipeline projects have been mired in Aboriginal and environmental opposition, often leading to protests that involve civil disobedience. The authors argue that civil injunctions are increasingly considered to be the most appropriate method to resolve these events. Despite the inherent tension in using a civil lawsuit to enforce a public law, the judicial debate over whether to proceed through criminal or civil avenues has trended towards private law remedies. Consequently, entities who may be subject to interruptions caused by protests should be prepared to take measures to secure a civil injunction. The authors detail the legal steps required to receive injunctive relief and address some common pitfalls in enforcing these orders. Aboriginal rights and title concerns are also addressed.