Application for judicial review of the Governor in Counsel’s decision that the significant adverse environmental effects that the Minister of the Environment determined would likely result were justified in the circumstances

19. November 2015 0
Application for judicial review of the Governor in Counsel’s decision that the significant adverse environmental effects that the Minister of the Environment determined would likely result from the Site C Clean Energy Project on the Peace River were justified in the circumstances. After determining that the reasonableness standard of review applied, and that a considerable ...

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 ...