1162209036 QUEBEC INC (Les Amis de la Rivière Kipawa) v. Canada (Attorney General)

The appeal is dismissed because the environmental assessment did consider navigation and the appellant's interests and recommended mitigating measures adequate to preserve, as far as possible, reasonable use of the river, providing no basis for overturning the decision.

Source-derived case information.

Citation: 2008 FCA 267
Parties: Appellant: LES AMIS DE LA RIVIÈRE KIPAWA (1162209036 QUEBEC INC.); Respondent: ATTORNEY GENERAL OF CANADA; Respondent: MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA; Respondent: MINISTER OF FISHERIES AND OCEANS; Respondent: MINISTER OF TRANSPORT; Respondent: DAVID S. LAFLAMME CONSTRUCTION INC.
Court: Federal Court of Appeal
Jurisdiction: Canada
Judgment Date: 16 September 2008
Procedural Posture: Appeal (federal Court of Appeal) / Judgment Delivered on Appeal
Outcome: Appeal dismissed
Legal Topics: Environmental Assessment Adequacy, Mitigation Measures, Navigation Impacts, Judicial Review of Administrative Decisions
Source Language: en

Administrative Law Environmental Law Navigation Law Environmental Assessment Adequacy Mitigation Measures Navigation Impacts Judicial Review of Administrative Decisions

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Legal principles 2 Party arguments 2

Parties

LES AMIS DE LA RIVIÈRE KIPAWA (1162209036 QUEBEC INC.)

Appellant

ATTORNEY GENERAL OF CANADA

Respondent

MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA

Respondent

MINISTER OF FISHERIES AND OCEANS

Respondent

MINISTER OF TRANSPORT

Respondent

DAVID S. LAFLAMME CONSTRUCTION INC.

Respondent

Procedural Posture

Appeal (federal Court of Appeal) / Judgment Delivered on Appeal

Legal Issues

1 Whether the environmental assessment ignored the question of navigation on the Kipawa River and through the dam
2 Whether the environmental assessment adequately considered the appellant's interests
3 Whether recommended mitigation measures were sufficient to preserve reasonable use of the river

Ratio Decidendi

Court Disposition

Appeal dismissed

Orders

Appeal dismissed with costs

Full Case Text

Judgment text and source record

1 paragraphs

1162209036 QUEBEC INC (Les Amis de la Rivière Kipawa) v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2008-09-16 Neutral citation 2008 FCA 267 File numbers A-4-08 Decision Content Date: 20080916 Docket: A-4-08 Citation: 2008 FCA 267 CORAM: RICHARD C.J. LÉTOURNEAU J.A. TRUDEL J.A. BETWEEN: LES AMIS DE LA RIVIÈRE KIPAWA incorporated as 1162209036 QUEBEC INC. Appellant and THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA, THE MINISTER OF FISHERIES AND OCEANS, THE MINISTER OF TRANSPORT, and DAVID S. LAFLAMME CONSTRUCTION INC. Respondents Heard at Ottawa, Ontario, on September 16, 2008. Judgment delivered from the Bench at Ottawa, Ontario, on September 16, 2008. REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J. Date: 20080916 Docket: A-4-08 Citation: 2008 FCA 267 CORAM: RICHARD C.J. LÉTOURNEAU J.A. TRUDEL J.A. BETWEEN: LES AMIS DE LA RIVIÈRE KIPAWA incorporated as 1162209036 QUEBEC INC. Appellant and THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA, THE MINISTER OF FISHERIES AND OCEANS, THE MINISTER OF TRANSPORT, and DAVID S. LAFLAMME CONSTRUCTION INC. Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on September 16, 2008) RICHARD C.J. [1] We are all in agreement that the appeal should be dismissed. [2] The environmental assessment did not ignore the question of navigation on the Kipawa River and through the dam. It also considered the interest of the appellant and recommended mitigating measures to preserve, as far as possible, the reasonable use of the river. [3] Accordingly, the appeal will be dismissed with costs. "J. Richard" Chief Justice FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-4-08 (APPEAL FROM A JUDGMENT OF THE HONOURABLE SIMON NOËL, DATED DECEMBER 4, 2007 (DOCKET NO. T-452-08) STYLE OF CAUSE: LES AMIS DE LA RIVIÈRE KIPAWA incorporated as 1162209036 QUEBEC INC. and THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA, THE MINISTER OF FISHERIES AND OCEANS, THE MINISTER OF TRANSPORT, and DAVID S. LAFLAMME CONSTRUCTION INC. PLACE OF HEARING: OTTAWA DATE OF HEARING: September 16, 2008 REASONS FOR JUDGMENT OF THE COURT BY: (RICHARD C.J., LÉTOURNEAU J.A. & TRUDEL J.A.) DELIVERED FROM THE BENCH BY: Richard C.J. APPEARANCES: Rodney Northey and Kristi M. Ross FOR THE APPELLANT Vincent Veilleux and Bernard Letarte FOR THE RESPONDENTS SOLICITORS OF RECORD: Birchall Northey LLP FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENTS

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