Friends of The Oldman River Society v. Canada ( Minister of Environment )
T-101-93
Rothstein J.
23/7/93
15 pp.
First application seeking writ of mandamus requiring Minister of Transport to implement recommendations of environmental review panel -- Whether Minister has legal obligation to implement recommendations -- Second application seeking writ of mandamus compelling Minister to decide extent to which recommendations should become responsibility of Canadian Government -- Whether undue delay on part of Minister justifying writ of mandamus -- Approval granted by Minister of Transport to construct Oldman River Dam under Navigable Waters Protection Act, s. 5(1) -- Approval quashed by Federal Court of Appeal -- Environmental assessment panel appointed by Minister of Environment under EARP Guidelines to evaluate and make recommendations on design and safety of Oldman River Dam -- Report of panel issued on May 21, 1992 -- Report recommending decommissioning of project or operating of project subject to conditions set forth by Federal Government -- Minister of Transport rejecting option of decommissioning dam -- Review of recommendations indicating extensive and detailed approach to mitigating effects on environment -- No binding decisions made by Minister as to details of recommendations associated with operating dam -- No legal duty of implementation on Minister of Transport -- Review of evidence not disclosing declining of jurisdiction by Minister -- No evidence of refusal to issue conditions related to operation of dam -- Guidelines Order, s. 33 fixing no time limits within which decisions are to be made -- Case law indicating decisions must be made within reasonable time -- Approximately fourteen months have elapsed since issuance of environmental assessment panel's recommendations -- No delay by Minister of Transport to date which could be characterized as unreasonable -- Mandamus to compel Minister of Transport to make decisions under Guidelines Order, s. 33(1)(c) not warranted -- Obligation on respondents to move matter forward -- Applications dismissed-Environmental Assessment and Review Process Guidelines Order, SOR/84-467, ss. 14, 33.