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The Federal Court set aside a Species at Risk Act permit for the Chalk River NSDF, finding the Minister unreasonably assessed alternatives and failed to justify the “best solution” analysis.
Western Canada Wilderness Committee v. Canada (Environment and Climate Change)
The Federal Court held that the Minister’s eight-month delay in recommending an emergency order under s. 80(2) of SARA was unlawful, and granted declaratory relief.
Western Canada Wilderness Committee v. Canada (Environment And Climate Change)
The Federal Court set aside the Minister’s Protection Statement under SARA, holding that limiting migratory bird critical habitat protection to nests was unreasonable.
La Cour fédérale accueille la demande de contrôle judiciaire, annule le refus d’indemnisation du ministre et renvoie l’affaire pour nouvelle décision avec motifs.
Skibsted v. Canada (Environment and Climate Change)
The Federal Court dismissed a mandamus application under the Species at Risk Act, finding the applicants lacked standing and had not made a prior demand.
Makivik Corporation v. Canada (Environment and Climate Change)
Judicial review of a NILCA wildlife management decision was dismissed. The Court upheld the Minister’s jurisdiction, but found one aspect of the non-quota variation unreasonable.
Federal Court held that SARA requires legally effective protection for all components of critical habitat, and that protection statements cannot rely on policy, future measures, or discretion.
Greta Road is a roadway used and maintained for logging and public vehicular traffic and therefore constitutes "lands taken up" under the Treaty 9 limitation and a "right of way for public vehicular traffic" under s.17(1)(e) FWCA; the appellants were hunting on the road; Treaty 9 protection did not apply and the provincial offences were lawfully enforced; appeals dismissed.
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A signatory First Nation may, consistent with its historical/customary practices, permit outsiders to share in its treaty harvesting rights (sheltering), but on the facts the appellants failed to prove contemporaneous valid consent or proper authority to grant it, so they could not avail themselves of a treaty defence and their convictions are upheld.
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The Court applied a reasonableness standard to review of the Commissioner's decision under s.54 and concluded the Commissioner reasonably exercised his discretion not to give formal notice or participation to Guide Outfitters because their views and relevant affidavit material were before him and no breach of natural justice occurred.
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