The petitioner, Pacific Booker Minerals Inc., owners of property on Morrison Lake, worked for several years to obtain an environmental assessment certificate under the Environmental Assessment Act, S.B.C. 2002, c. 43 (the “Certificate”), to allow it to construct and operate copper/gold and minerals mine next to Morrison Lake, 65 kilometres northeast of Smithers. In August 2012, the Ministers of Environment and of Energy, Mines and Natural Gas (the “Ministers”) received a final assessment report from the Executive Director of the Environmental Assessment Office which concluded that although the project “would not result in any significant adverse effects with the successful implementation of mitigation measures and conditions”, the Executive Director nevertheless recommended Ministers refuse to issue a certificate. Based on the Executive Director’s report, the Ministers refused to issue the Certificate. On judicial review, the Court quashed and set aside the Ministers’ decision, and ordered that the petitioner’s application for a certificate be remitted back to the Ministers for reconsideration, on the basis of procedural fairness grounds. In particular, the petitioner had a reasonable expectation and right to be able to respond to at least the essence of the adverse recommendations and the “additional factors” raised by the Executive Director in his final report. The Court further ordered that the petitioner and the various First Nation group intervenors, be provided with the Executive Director’s recommendations to the Ministers, and an opportunity to provide a response to the recommendations.

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Environmental Assessment Office – Approval process – Environmental matters – Environmental Assessment Certificate – Judicial review – Compliance with legislation – Procedural requirements and fairness – Legitimate expectations Pacific Booker Minerals Inc. v. British Columbia (Minister of the Environment), [2013] B.C.J. No. 2694, 2013 BCSC 2258, British ...

The Court dismissed an appeal by the Petitioner from the dismissal of its application for judicial review of the process that culminated in the issuance to the Respondent developer of an Environmental Assessment Certificate. The Court found that the Chambers Judge had not erred in finding that the Environmental Assessment Office (EAO) had not breached its duty to provide procedural fairness in the environmental assessment or in finding that the EAO’s agent had afforded the Petitioner a meaningful hearing.

27. February 2007 0
Administrative law – Environmental issues – Environmental Assessment Certificate – Hearings – Conduct of hearings – Judicial review – Procedural requirements and fairness – Natural justice – Bias R.K. Heli-Ski Panorama Inc. v. Jumbo Glacier Resort Project, [2007] B.C.J. No. 16, British Columbia Court of Appeal, January 8, 2007, Saunders, Levine and Smith JJ.A. The Respondent has ...