Mushkegowuk Council v. Canada (Attorney General)

Mushkegowuk Council v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2009-05-12 Neutral citation 2009 FCA 153 File numbers A-469-08 Decision Content Federal Court of Appeal CANADA Cour d'appel fédérale Date: 20090512 Docket: A-469-08 Citation: 2009 FCA 153 CORAM: EVANS J.A. LAYDEN-STEVENSON J.A. RYER J.A. BETWEEN: MUSHKEGOWUK COUNCIL and STAN LOUTTIT Appellants and THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION Respondents AND BETWEEN: MUSHKEGOWUK COUNCIL and STAN LOUTTIT Appellants and THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION Respondents Heard at Toronto, Ontario, on May 12, 2009. Judgment delivered from the Bench at Toronto, Ontario, on May 12, 2009. REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON J.A. Date: 20090512 Docket: A-469-08 Citation: 2009 FCA 153 CORAM: EVANS J.A. LAYDEN-STEVENSON J.A. RYER J.A. BETWEEN: MUSHKEGOWUK COUNCIL and STAN LOUTTIT Appellants and THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION Respondents AND BETWEEN: MUSHKEGOWUK COUNCIL and STAN LOUTTIT Appellants and THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION Respondents REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on May 12, 2009) LAYDEN-STEVENSON J.A. [1] The appellants appeal the order of Mr. Justice Zinn dismissing their appeal from an order of Prothonotary Milczynski denying their motion for leave to amend and add alternative relief as part of a consolidated and revised notice of application. [2] The appeal arises within the context of two applications for judicial review in relation to decisions taken pursuant to the provisions of the Nuclear Fuel Waste Act, S.C. 2002, c. 23 (the Act). [3] At the hearing of this appeal, the appellants’ counsel informed the Court that the appellants seek judicial review of only those portions of the impugned decisions that were allegedly determined without the consultation required by the Act. We are of the view that the request for declaratory relief contained in the original notice of application encompasses this purpose, a position with which counsel for the respondents the Attorney General of Canada and the Minister of Natural Resources agrees. [4] Consequently, the amendments are not necessary and the interests of justice would not be served by permitting them to be made. In arriving at this conclusion, we should not be taken to endorse the reasons of the prothonotary or the motions judge. [5] The appeal will be dismissed with costs. "Carolyn Layden-Stevenson" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-469-08 (APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN) DATED SEPTEMBER 17, 2008, DOCKET NOS.T-1305-07 and T-1306-07) STYLE OF CAUSE: MUSHKEGOWUK COUNCIL and STAN LOUTTIT v. THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES(THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION AND: MUSHKEGOWUK COUNCIL and STAN LOUTTIT v. THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION PLACE OF HEARING: Toronto, Ontario DATE OF HEARING: May 12, 2009 REASONS FOR JUDGMENT OF THE COURT BY: (EVANS, LAYDEN-STEVENSON & RYER JJ.A) DELIVERED FROM THE BENCH BY: LAYDEN-STEVENSON J.A. APPEARANCES: Murray Klippenstein Basil Alexander FOR THE APPELLANTS Liz Tinker FOR THE RESPONDENT SOLICITORS OF RECORD: Klippensteins Barristers & Solicitors Toronto, Ontario FOR THE APPELLANTS John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT