Saskatchewan Action Foundation for the Environment Inc. v. Saskatchewan (Minister of the Environment and Public Safety), (1992) 97 Sask.R. 135 (CA)

• Judge: Cameron, Wakeling and Sherstobitoff, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: January 02, 1992
• Jurisdiction: Saskatchewan
• Citations: (1992), 97 Sask.R. 135 (CA)

Sask. Action Fdn. v. Sask. (1992), 97 Sask.R. 135 (CA);

    12 W.A.C. 135

MLB headnote and full text

Saskatchewan Action Foundation for the Environment Inc. (appellant/applicant) v. Grant Milton Hodgins, Minister of the Environment and Public Safety, Saskatchewan (respondent/respondent) and Saskatchewan Power Corp., Souris Basin Development Authority and Saferco Products Inc. (intervenors/intervenors)

(File No. 667)

Indexed As: Saskatchewan Action Foundation for the Environment Inc. v. Saskatchewan (Minister of the Environment and Public Safety)

Saskatchewan Court of Appeal

Cameron, Wakeling and Sherstobitoff, JJ.A.

January 2, 1992.

Summary:

An environmental group applied for an order compelling the Minister of the Envi­ronment and Public Safety to produce for public inspection information and documents relating to four major projects under devel­opment in Saskatchewan.

The Saskatchewan Court of Queen's Bench dismissed the application - see 86 Sask.R. 282. The environmental group appealed.

The Saskatchewan Court of Appeal allowed the appeal and ordered the Minister to disclose the documents requested.

Crown - Topic 2241

Crown privilege or prerogative - Produc­tion of documents - [See Pollution Con­trol - Topic 1903 ].

Pollution Control - Topic 1901

Environmental assessments or impact studies - Public disclosure - General - The Saskatchewan Court of Appeal stated that the purpose of the Environmental Assessment Act is to provide for public consultation following an environmental impact assessment and review (see para­graph 41).

Pollution Control - Topic 1903

Environmental assessments or impact studies - Public disclosure - Right to information - The Saskatchewan Court of Appeal referred to the duty of the Minister of the Environment and Public Safety under the Environmental Assessment Act to make disclosure of documents relating to a development to any member of the public - The court stated that members of the public have a right of access to infor­mation respecting environmental assess­ments made under the Environmental Assessment Act (see paragraphs 39 to 42).

Pollution Control - Topic 1904

Environmental assessments or impact studies - Public disclosure - Right to information, remedies - An environmental group applied for an order of mandamus to compel the Minister of the Environ­ment and Public Safety to disclose infor­mation respecting four major developments in Saskatchewan - The Saskatchewan Court of Appeal held that mandamus was a remedy available to the applicant in this case (see paragraphs 43 and 44).

Pollution Control - Topic 1910

Environmental assessments or impact studies - Public disclosure - Application, time for - An environmental group applied for an order compelling the Minister of the Environment and Public Safety to disclose information respecting four developments in Saskatchewan - The Saskatchewan Court of Appeal stated that in the absence of a time limitation in the statute, that the right to information is a continuing one so long as the development remains subject to the terms of the statute (see paragraphs 72 to 74).

Statutes - Topic 4806

Operation and effect - Enabling legislation - Powers included by implication - The Minister of the Environment and Public Safety claimed that under the Environ­mental Assessment Act that he alone had the authority to determine whether a pro­ject was a development for purposes of the Act - The Saskatchewan Court of Appeal held that such a decision rests with the courts where the Act did not expressly confide the necessary authority upon the Minister (see paragraphs 58 to 71).

Cases Noticed:

Shiell v. Amok Ltd. et al. (1988), 58 Sask.R. 141; 27 Admin. L.R. 1 (Q.B.), dist. [para. 64]; refd to. [para. 88].

Association of Stop Construction of Raf­ferty Alameda Project Inc. v. Saskatchewan (1988), 68 Sask.R. 52 (Q.B.), dist. [para. 64]; refd to. [para. 88].

Finlay v. Canada, [1986] 2 S.C.R. 607; 71 N.R. 338, refd to. [para. 89].

Bury v. Saskatchewan Government Insur­ance (1990), 91 Sask.R. 39; 75 D.L.R.(4th) 449, refd to. [para. 89].

Oil, Chemical & Atomic Workers Interna­tional Union, Local 9-649 et al. v. Nic­hol et al. (1965), 52 W.W.R. 434 (Sask. C.A.), dist. [para. 93].

McNutt v. International Woodworkers of America and Moose Jaw Sash and Door Co. (1963) Ltd. (1980), 5 Sask.R. 48, dist. [para. 93].

Norwich Pharmacal v. Customs and Excise, [1973] 2 All E.R. 943 (H.L.), refd to. [para. 99].

Pochuk v. Gov't of Manitoba (1984), 28 Man.R.(2d) 34, refd to. [para. 99].

McAuliffe v. Metropolitan Toronto Board of Commissioners of Police (1976), 9 O.R.(2d) 583 (Ont. Div. Ct.), refd to. [para. 101].

Rossi v. The Queen (1974), 1 F.C.R. 531 (Fed. Ct., Trial Div.), refd to. [para. 101].

Farley v. Badley (1991), 97 Sask.R. 21; 12 W.A.C. 21, refd to. [para. 109].

Statutes Noticed:

Environmental Assessment Act, S.S. 1979-80, c. E-10.1, sect. 7 [paras. 31, 62, 104]; sect. 8 [para. 66]; sect. 11 [para. 104]; sect. 12 [paras. 32, 104].

Authors and Works Noticed:

Lorden, Crown Law, p. 529 [para. 97].

Swaigen, John, Environmental Rights [para. 101].

Counsel:

H.R. Kloppenburg, Q.C., John Hardy and Ann Hardy, for the appellant;

Barry Hornsberger, for the respondent Minister of Environment and Public Safety;

L. Leblanc and L. Andrychuk, for the respondent Saferco Products Inc.;

R.G. Kennedy, for the respondent Souris Basin Development Authority.

This appeal was heard by Cameron, Wakeling and Sherstobitoff, JJ.A., of the Saskatchewan Court of Appeal on April 15 and 16, 1991. The decision of the court was delivered on January 2, 1992 and the fol­lowing opinions were filed:

Sherstobitoff, J.A. - see paragraphs 1 to 78;

Wakeling, J.A., dissenting - see para­graphs 79 to 113.

Cameron, J.A., concurred with Sherstobit­off, J.A.