Innu Nation v. Canada ( Minister of Human Resources Development )
T-393-97
Nadon J.
16/4/97
10 pp.
Application by Queen in right of Newfoundland for leave to intervene in judicial review proceedings-Applicants in main proceeding seeking to set aside Minister of Human Resources Development's decision authorizing provision of funds or financial assistance for construction, operation of Ptarmigan Trail in Nitassinan, Labrador and determining project not likely to cause significant adverse environmental effects as defined in Canadian Environmental Assessment Act-Grounds for intervention including that since relief sought presupposing existence of Aboriginal rights held by applicants in Mealy Mountains region of Labrador, obvious potential impact on property, civil rights within Province, and Province's ability to manage natural resources-In Starr v. Puslinch (Township) (1976), 12 O.R. (2d) 40, Divisional Court of Ontario High Court of Justice holding for party to be added sufficient if determination of dispute will directly affect third person in legal rights or in pocket-Application dismissed-Province not demonstrating outcome of dispute between applicants, respondents would directly affect legal rights or pocket-Province indirectly affected as essentially private project Province allowed to proceed-Applicants submitting case not concerning "constitutional" Aboriginal rights and Aboriginal territory except to extent Canadian Environmental Assessment Act recognizing rights-Applicants relying on s. 20(1)(a), hence on definition of "environmental effect" in s. 2, referring to "current use of lands and resources for traditional purposes by aboriginal persons"-To extent applicants limit, in so far as issue of Aboriginal rights concerned, arguments and evidence to what Act providing, no reason to allow Province to intervene-Any reference in main pleadings to Innu Nation's Aboriginal rights and Aboriginal territory, outside scope of ss. 2, 20 struck-Applicants entitled to refer to, invoke, lead evidence, concerning "current use of lands, resources for traditional purposes by aboriginal persons", but not so entitled in regard to "traditional aboriginal territory of the members of the Innu Nation who exercise aboriginal rights in the affected area" and in regard to their "constitutional priority rights to harvest"-Debate between applicants, respondents limited to those Aboriginal rights, if any, referred to in Act-Canadian Environmental Assessment Act, S.C. 1992, c. 37, ss. 2 "environmental effect", 5(1)(b), 20(1)(a).