Yukon Conservation Society v. Yukon Territory Water Board and Cyprus Anvil Mining Corp., (1982) 45 N.R. 591 (FCTD)

• Judge: Addy, J.
• Court: Federal Court (Canada)
• Case Date: January 27, 1982
• Jurisdiction: Canada (Federal)
• Citations: (1982), 45 N.R. 591 (FCTD)

Conservation Soc. v. Water Bd. (1982), 45 N.R. 591 (FCTD)

MLB headnote and full text

Yukon Conservation Society v. Yukon Territory Water Board and Cyprus Anvil Mining Corp.

(T-297-82)

Indexed As: Yukon Conservation Society v. Yukon Territory Water Board and Cyprus Anvil Mining Corp.

Federal Court of Canada

Trial Division

Addy, J.

January 27, 1982

Summary:

A mining company applied to the Yukon Territory Water Board to vary a licence granted to the company. A public interest group applied to the Federal Court of Canada for an order to prohibit five members of the Board from hearing the application because of conduct by the five members which raised a reasonable apprehension of bias on the part of the public. The Federal Court of Canada, Trial Division, granted the application.

Administrative Law - Topic 2088

Natural justice - Constitution of board or tribunal - Bias, apprehension of bias - A mining company applied to the Yukon Territory Water Board to vary a licence granted to the company - Prior to a public hearing five members of the Board met privately on several occasions with officials of the mining company - The Federal Court of Canada, Trial Division held that in the circumstances there was a real likelihood of bias and also that there was a real probability of reasonable apprehension of bias on the part of the public toward the five Board members.

Administrative Law - Topic 2100

Natural justice - Constitution of board or tribunal - Bias, remedies - A mining company applied to the Yukon Territory Water Board to vary a licence granted to the company - A public interest group applied for an order to prohibit five members of the Board from hearing the application because of conduct by the five members which raised a reasonable apprehension of bias on the part of the public - The Federal Court of Canada, Trial Division granted the application to restrain the five members from hearing the application.

Cases Noticed:

R. v. Barnsley Licencing JJ., [1960] 2 Q.B. 167, refd to. [para. 24].

Committee for Justice and Liberty et al. v. National Energy Board, [1976] 66 D.L.R.(3d) 716; 9 N.R. 115, refd to. [para. 25].

R. v. Sussex JJ.; Ex parte McCarthy, [1924] 1 K.B. 256, refd to. [para. 28].

Labour Relations Board et al. v. United Steel Workers of America Local 2952 et al., Re, 48 W.W.R. 15, refd to. [para. 28].

Statutes Noticed:

Northern Inland Waters Act, R.S.C. 1970, lst Supp., c. 28, sect. 7.

Counsel:

Andrew Roman, for the applicant;

Bruce Fraser, for the respondent Yukon Territory Board;

Keith Mitchell, for the respondent Cyprus Anvil Mining.

This application was heard by ADDY, J., of the Trial Division of the Federal Court of Canada at Vancouver, British Columbia, on January 15, 18, 20 and 21, 1982.

The judgment of the Trial Division was delivered by ADDY, J., at Vancouver, British Columbia on January 27, 1982.