ENVIRONMENT |
Canadian Environmental Law Assn. v. Canada (Minister of Environment)
A-327-99
Linden J.A.
5/6/00
3 pp.
Appeal from Trial Division decision ([1999] 3 F.C. 564) dismissing application for declaration federal Minister of Environment exceeded jurisdiction in signing four federal-provincial agreements regarding environmental harmonization or certain sections of agreements of no force and effect as Minister fettered discretion by agreeing not to act with respect to matters within statutory authority--No complete abandonment of jurisdiction herein--Nor fettering of discretion, exceeding of jurisdiction, refusal to exercise jurisdiction--Ministers agreed government would not act in role discharged by another government under accords where obligation to perform such role accepted by government--Federal Government has not withdrawn from picture, as suggested by appellant's counsel--No legal difficulties in effort to coordinate, cooperate, main purpose of accords--No reason to disturb award of costs, by Motions Judge, in favour of respondent--Under r. 400(1)(h), public interest in having proceedings litigated might in some cases justify no award of costs against unsuccessful public interest litigants--However, legal proceedings costly--Public interest groups not immune from award of costs when launching unmeritorious proceedings--Appeal dismissed on merits, costs--Federal Court Rules, 1998, SOR/98-106, r. 400 (1)(h).