Coalition of Citizens for a Charter Challenge v. Metropolitan Authority et al., (1993) 125 N.S.R.(2d) 241 (CA)

• Judge: Jones, Chipman and Roscoe, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: October 19, 1993
• Jurisdiction: Nova Scotia
• Citations: (1993), 125 N.S.R.(2d) 241 (CA)

Coalition Citizens v. Metro. Auth. (1993), 125 N.S.R.(2d) 241 (CA);

  349 A.P.R. 241

MLB headnote and full text

Metropolitan Authority, The City of Halifax, the City of Dartmouth, the Town of Bedford and the Municipality of the County of Halifax (appellants) v. Coalition of Citizens for a Charter challenge (respondent)

(C.A. No. 02859)

Indexed As: Coalition of Citizens for a Charter Challenge v. Metropolitan Authority et al.

Nova Scotia Court of Appeal

Jones, Chipman and Roscoe, JJ.A.

October 19, 1993.

Summary:

The plaintiff commenced a Charter chal­lenge to the use of municipal waste inciner­ation by the defendant authority and munici­palities. The action was discontinued against all defendants, except the Metropolitan Authority. The Authority applied to strike out the action, alleging a lack of standing by the Coalition. Alternatively, the Authority applied for an order for security for costs.

The Nova Scotia Supreme Court, in a judgment reported 122 N.S.R.(2d) 1; 338 A.P.R. 1, dismissed the Authority's applica­tion, holding that the Coalition had standing to pursue its chal­lenge and need not post security for costs. The Authority appealed.

The Nova Scotia Court of Appeal allowed the appeal. The Coalition lacked standing to bring the proceeding.

Practice - Topic 219

Persons who can sue and be sued - Indi­viduals and corporations - Status or stand­ing - Validity or interpretation of legisla­tion - The Coalition of Citizens for a Charter Challenge was incorpor­ated under the Societies Act (N.S.) to oppose munici­pal waste incineration in Nova Scotia - The group consisted of residents and taxpayers, persons whose health or age would make them sensitive to airborne pollutants gen­erated by incineration and other interested persons - The group com­menced a Charter challenge respecting waste incineration in Nova Scotia gen­erally and an incineration project proposed by the Metropolitan Authority - The Nova Scotia Court of Appeal held that the Co­alition lacked standing to bring the action - A detailed environmental assessment had to be completed before the Authority could lawfully proceed with the proposed project - Until it was completed, and accepted by the Minister, there was nothing to litigate - Absent a "serious issue" for the court to decide, the Coalition lacked standing.

Practice - Topic 220

Persons who can sue and be sued - Indi­viduals and corporations - Status or stand­ing - Respecting validity of administrative action by public body - [See Practice - Topic 219 ].

Practice - Topic 221

Persons who can sue and be sued - Indi­viduals and corporations - Status or stand­ing - Public interest standing - Require­ments of - [See Practice - Topic 219 ].

Cases Noticed:

Smith v. Ontario (Attorney General), [1924] S.C.R 331, refd to. [para. 26].

Thorson v. Canada (Attorney General), [1975] 1 S.C.R. 138; 1 N.R. 225, refd to. [para. 26].

McNeil v. Nova Scotia Board of Censors, [1976] 2 S.C.R. 265; 5 N.R. 43; 12 N.S.R.(2d) 85; 6 A.P.R. 85, refd to. [para. 26].

Borowski v. Canada (Minister of Justice and Minister of Finance), [1981] 2 S.C.R. 575; 39 N.R. 331; 12 Sask.R. 420, refd to. [para. 26].

Finlay v. Canada (1986), 71 N.R. 338 (S.C.C.), refd to. [para. 28].

Canadian Council of Churches v. Canada et al., [1992] 1 S.C.R. 236; 132 N.R. 241, refd to. [para. 30].

Canadian Abortion Rights Action League Inc. et al. v. Nova Scotia (Attorney General) (1990), 96 N.S.R.(2d) 284; 253 A.P.R. 284 (C.A.), refd to. [para. 31].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 3 [para. 12]; sect. 7, sect. 15 [para. 11].

Civil Procedure Rules (N.S.), rule 14.25 [para. 25].

Environmental Assessment Act, R.S.N.S. 1989, c. 149, sect. 5(2) [para. 14]; sect. 20 [para. 15].

Environmental Protection Act, R.S.N.S. 1989, c. 150, generally [para. 12].

Health Act, R.S.N.S. 1989, c. 195, generally [para. 12].

Metropolitan Authority Act, R.S.N.S. 1989, c. 285, sect. 9 [para. 2].

Societies Act, R.S.N.S. 1989, c. 435, gen­erally [para. 10].

Counsel:

Daniel W. Ingersoll and Thomas P. Donovan, for the appellants;

Eric K. Slone, for the respondent.

This appeal was heard on September 27, 1993, before Jones, Chipman and Roscoe, JJ.A., of the Nova Scotia Court of Appeal.

On October 19, 1993, Chipman, J.A., delivered the following judgment for the Court of Appeal.