Earthroots Coalition v. Ont., (2003) 175 O.A.C. 219 (DC)

• Judge: R.A. Blair, R.S.J., Brockenshire and Somers, JJ.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: April 11, 2003
• Jurisdiction: Ontario
• Citations: (2003), 175 O.A.C. 219 (DC)

Earthroots Coalition v. Ont. (2003), 175 O.A.C. 219 (DC)

MLB headnote and full text

Temp. Cite: [2003] O.A.C. TBEd. SE.010

Earthroots Coalition (applicant) v. Minister of Natural Resources (respondent)

(143/03)

Indexed As: Earthroots Coalition v. Ontario (Minister of Natural Resources)

Court of Ontario

Superior Court of Justice

Divisional Court

R.A. Blair, R.S.J., Brockenshire and Somers, JJ.

August 26, 2003.

Summary:

The Minister of Natural Resources pro­posed to permit improvements to a logging road that crossed the Bob Lake Conservation Reserve to enable the road to be used in transporting logs from other areas in the Temagami forest. The Earthroots Coalition applied for a declaration that the proposed clearing, construction or improvement, and the use of the road were prohibited by the Conservation Reserve Regulation enacted under the Public Lands Act.

The Ontario Divisional Court dismissed the application.

Forests and Forest Products - Topic 2406

Forest regulation - General - Crown lands - Conservation reserve - The Minister of Natural Resources proposed to permit improvements to a logging road that crossed the Bob Lake Conservation Re­serve to enable the road to be used in transporting logs from other areas in the Temagami forest (Crown forest land) - The Earthroots Coalition sought a declaration that the proposed improvements and use were prohibited by the Conservation Re­serve Regulation - The Ontario Divisional Court dismissed the application - The Regulation could not be read strictly and literally in isolation, but had to be con­sidered in the context of and in con­junction with the entire enabling legislative scheme and the policy rubric, including the Public Lands Act and the Crown Forest Sustainability Act - It was reasonable to interpret the Regulation as not prohibiting the clearing, construction or improvement, nor the use of existing access routes to and from commercial forest areas for purposes of hauling timber from those areas - See paragraphs 13 to 28.

Forests and Forest Products - Topic 2445

Forest regulation - Boards and tribunals - Ministerial decisions - Judicial review or appeals - Scope of - The Minister of Na­tural Resources proposed to permit im­provements to a logging road that crossed the Bob Lake Conservation Reserve to enable the road's usage for transporting logs from other areas in the Temagami forest - The Earthroots Coalition sought a declaration that the proposed improvements and use of the road were prohibited by the Conservation Reserve Regulation - The Ontario Divisional Court determined that the Minister's decision was to be reviewed on the standard of reasonableness - The court considered that (1) the absence of a privative clause was a neutral factor where there was no right of appeal; (2) the Min­ister had extensive authority and substantial expertise in carrying out those responsi­bilities; (3) there was a wide ranging pur­pose of use and conservation of public land and, in this case, Crown forest land; and (4) the nature of the problem involved a discretionary ministerial decision con­cerning public policy issues - See para­graphs 6 to 12.

Cases Noticed:

Syndicat national des employés de la com­mission scolaire régionale de l'Outaouais (CSN) v. Union des employés de service, local 298 (FTQ), [1988] 2 S.C.R. 1048; 95 N.R. 161; 24 Q.A.C. 244, refd to. [para. 8].

Union des employés de service, local 298 v. Bibeault - see Syndicat national des employés de la commission scolaire régionale de l'Outaouais (CSN) v. Union des employés de service, local 298 (FTQ).

Pushpanathan v. Canada (Minister of Citizenship and Immigration), [1998] 1 S.C.R. 982, addendum [1998] 1 S.C.R. 1222; 226 N.R. 201, refd to. [para. 8].

Pezim v. British Columbia Securities Com­mission et al., [1994] 2 S.C.R. 557; 168 N.R. 321; 46 B.C.A.C. 1; 75 W.A.C. 1, refd to. [para. 8].

Director of Investigation and Research, Competition Act v. Southam Inc. et al., [1997] 1 S.C.R. 748; 209 N.R. 20; 144 D.L.R.(4th) 1, refd to. [para. 8].

Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817; 243 N.R. 22, refd to. [para. 8].

Ryan v. Law Society of New Brunswick (2003), 302 N.R. 1; 257 N.B.R.(2d) 287; 674 A.P.R. 287 (S.C.C.), refd to. [para. 8].

Dr. Q., Re (2003), 302 N.R. 34; 179 B.C.A.C. 170; 295 W.A.C. 170 (S.C.C.), refd to. [para. 8].

Newfoundland and Labrador Wildlife Federation v. Newfoundland (Minister of Environment and Labour) et al. (2001), 201 Nfld. & P.E.I.R. 284; 605 A.P.R. 284; 33 Admin. L.R.(3d) 68 (Nfld. S.C.), refd to. [para. 18].

R. v. Sharpe (J.R.), [2001] 1 S.C.R. 45; 264 N.R. 201; 146 B.C.A.C. 161; 239 W.A.C. 161, refd to. [para. 22].

Algonquin Wildlands League et al. v. Ontario (Minister of Natural Resources) et al. (1998), 110 O.A.C. 201 (Div. Ct.), revd. in part 117 O.A.C. 174 (C.A.), refd to. [para. 24, footnote 4].

Statutes Noticed:

Conservation Reserve Regulation - see Public Lands Act Regulations (Ont.).

Public Lands Act Regulations (Ont.), Con­servation Reserve Regulation, Regulation 805/94, sect. 1, sect. 2 [para. 14].

Authors and Works Noticed:

Driedger, E.A., Construction of Statutes (1994), p. 246 [para. 21].

Federation of Ontario Naturalists, Roads and Their Impacts, End of the Road: Ontario's Roadless Wilderness (1997), generally [para. 18].

Global Forest Watch Canada, Canada's Forests at a Crossroads: An Assessment in the Year 2000 (2000), p. 26 [para. 18].

Sullivan, Ruth, Statutory Interpretation (1997), p. 124 [para. 21].

United States, Department of Agriculture Forest Service, Forest Roads: A Synthe­sis of Scientific Information (June 2000), p. 4.7 [para. 18].

Counsel:

Clayton Ruby and Robert Wright, for the applicant;

Dennis W. Brown, Q.C. and James Ken­dick, for the respondent.

This application was heard on April 11, 2003, by R.A. Blair, R.S.J., Brockenshire and Somers, JJ., of the Ontario Divisional Court. R.A. Blair, R.S.J., delivered the following reasons for decision of the court on August 26, 2003.