Alberta Wilderness Assn. v. Canada ( Minister of Fisheries and Oceans )
T-2354-97
Hugessen J.
2/12/97
6 pp.
Motions to strike out judicial review application on ground out of time under Federal Court Act, s. 18.1(2) because filed over 30 days after Report of Review Panel-Judicial review application seeking declaration environmental assessment of Cheviot coal project by Review Panel invalid for failing to comply with Canadian Environmental Assessment Act (CEAA); prohibition order to prevent Minister of Fisheries and Oceans from issuing any authorizations under Fisheries Act until CEAA, Agreement for Cheriot Coal Project, all applicable federal legislation, complied with-Motions dismissed-Not meeting very high threshold set in Pharmacia Inc. v. Canada (Minister of National Health and Welfare) (1994), 58 C.P.R. (3d) 209 (F.C.A.)-Doubtful report "decision or order" within s. 18.1(2)-Report essential statutory preliminary step required by CEAA prior to Minister's decision to issue authorization under Fisheries Act, s. 35-That decision not yet made-Motion seeking primarily to prohibit Minister from making such decision on ground Panel Report fatally defective-Prohibition remedy specifically envisaged in Federal Court Act, s. 18-Not requiring decision or order actually exist as prerequisite to its exercise-That application made more than 30 days after Panel Report, but prior to any decision by Minister, not making it "so clearly improper as to be bereft of any possibility of success"-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18 (as am. by S.C. 1990, c. 8, s. 4), 18.1 (as am. idem, s. 5)-Canadian Environmental Assessment Act, S.C. 1992, c. 37-Fisheries Act, R.S.C., 1985, c. F-14, s. 35.