Sierra Club Canada (“Sierra Club”) sought a declaration invalidating a permit granted by the Minister of Natural Resources of Ontario (“Ontario”) allowing for a bridge to be built across the Detroit River, and the attendant disturbance of the habitat of several species (the “Permit”)

22. November 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial – Public interest – Environmental matters – Wildlife habitat – Environmental impact assessment – Protections of species – Judicial review application – Delay – Bias – Procedural requirements and fairness – Compliance with legislation – Standard of review – Reasonableness simpliciter Sierra Club Canada v. Ontario ...

The applications by non-profit environmental organizations for judicial review of Ministers’ decisions concerning their obligations under s.58 of the Species at Risk Act (“SARA”) to provide legal protection for the critical habitat of resident killer whales was allowed where the court held that the Ministers failed to respond to the duty assigned to them by the SARA which compelled them to act in specific ways to protect critical habitat of species at risk

25. January 2011 0
Administrative law – Decisions of administrative tribunals – Ministerial orders – Policies – Environmental issues – Wildlife habitat – Protections of species – Judicial review – Compliance with legislation – Validity and application of policies and guidelines David Suzuki Foundation v. Canada (Minister of Fisheries and Oceans), [2010] F.C.J. No. 1471, 2010 FC 1233, Federal ...

The Sunshine Coast Conservation Association (“SCCA”) complained to the Association of British Columbia Forest Professionals (“ABCFP”) about the conduct of a registered professional forester (“RPF”). The ABCFP Registrar rejected the complaint on the basis that even if the allegations were proven, they did not involve a breach of the Foresters Act or the applicable bylaws or resolutions of the ABCFP.

24. April 2007 0
Administrative law – Forest professionals – Disciplinary proceedings – Code of ethics – Natural resources – Environmental issues – Forest practices – Wildlife habitat – Judicial review – Compliance with legislation – Failure to provide reasons – Standard of review – Correctness Sunshine Coast Conservation Association v. Association of British Columbia Forest Professionals, [2007] B.C.J. No. 281, ...

The Western Canada Wilderness Committee (“WCWC”) appealed a decision of a chambers judge setting aside the WCWC’s petition for judicial review of a Ministry of Forests District Manager’s decision (“DM”) that a logging cutback referred to in a Forest Development Plan (“FDP”) met the requirement of s.41(1) of the Forest Practices Code of British Columbia Act, R.S.B.C. 1996, c.159 (the “Code”) as it related to the spotted owl, in that the FDP would “adequately manage and conserve the forest resources of the area to which it applied”. The appeal was dismissed.

23. September 2003 0
Administrative law – Environmental issues – Forest practices – Precautionary principle – Wildlife habitat – Spotted Owl – Judicial review – Compliance with legislation – Standard of review – Patent unreasonableness Western Canada Wilderness Committee v. British Columbia (Ministry of Forestry, South Island Forest District), [2003] B.C.J. No. 1581, British Columbia Court of Appeal, July 8, ...