Pulp, Paper and Woodworkers of Canada Local 8 v. Canada ( Minister of Agriculture )
A-1153-91
Desjardins J.A.
8/7/94
21 pp.
Appeal from Trial Division's decision ([1992] 1 F.C. 372) granting writ of certiorari quashing decision by Minister of Agriculture to register pesticide Busan 30WB under Pest Control Products Regulations, ss. 13, 18 -- Jurisdiction of Court to review ministerial discretion at issue -- Busan 30WB anti-sapstain or chemical wood preservative used in lumber industry to prevent discoloration in non-kiln dried wood caused by fungi -- Application for registration of Busan 30WB filed as new product on March 29, 1985 -- Certificate of registration of Busan 30WB issued on October 19, 1988 after evaluation completed-Members of respondents complaining of ill effects caused by use of pesticide from January to May 1988 -- Motion for certiorari filed in December 1990 in view of lack of satisfactory reply from Minister of Agriculture -- Trial Judge concluding Minister of Agriculture failed to address mind to sufficiency of information before him-Also concluding Minister exceeded authority or acted without authority in registering Busan 30WB in absence of Health and Welfare's participation -- Under Regulations, s. 18, Minister enjoying discretion to refuse to register under certain circumstances -- Not free to form opinion -- Sole judge of sufficiency of information provided and as to whether use of control product would lead to unacceptable risk of harm to public -- Once necessary information before Minister, court of law without jurisdiction to question sufficiency of information -- Trial Judge wrong in proceeding to analyse lack of depth of evaluation and research by senior official for Agriculture Canada -- Bad faith or irrelevant considerations not raised by respondents -- No interference by Court unless principles of natural justice violated-Doctrine of legitimate expectations essentially procedural -- Not creating substantive rights -- Part of rules of procedural fairness which can govern administrative bodies -- Minister called upon to form opinion about sufficiency of information before him and character of risk use of control product might have on public health -- In cases of omission on part of Minister, Court entitled to supply omission where party led to believe right to safe environment affected if proper consultation not followed -- Minister bound by own rules -- Trial Judge right to decide doctrine of legitimate expectations, being element of procedural fairness, applied fully -- Appeal dismissed -- Pest Control Products Regulations, C.R.C., c. 1253, ss. 13 (as am. by SOR/88-109, s. 6), 18 (as am. idem, s. 8).