Shiell v. Canada ( Atomic Energy Control Board )
T-1006-95
Heald D.J.
26/6/95
6 pp.
Application for judicial review of Atomic Energy Control Board decision to amend respondent's operating licence -- Respondent operating uranium mine and mill pursuant to Board's licence -- Operation requiring additional storage capacity -- Respondent developing plan to address problem and applying for amendment to licence to implement plan -- Board granting amendment to licence -- Applicant seeking mandamus requiring Board to refer plan to public review panel -- Issue whether applicant having standing to bring application -- Applicant having interest in proposals for developing province's high-grade uranium and participating in number of inquiries and hearings regarding various mines and project; applicant very interested in proposed changes at respondent's operation -- Previous application for injunction against another uranium mining project rejected for lack of standing (Shiell v. Amok Ltd. (1988), 27 Admin. L.R. 1 (Sask. Q.B.)) -- Shiell decision holding standing afforded only where impugned project having some direct effect on plaintiff; interest in form of concern regarding environment and environmental issues not sufficient -- Applicant not having direct personal interest in proceedings -- Applicant's interest in respondent's project neither direct nor personal as living several hundred miles from operation -- Effect of Board's decision on applicant not different than on any other member of general public -- Bona fide interest and concern in project per se not conferring requisite standing-Application dismissed.