Sunshine Village Corp. v. Canada ( Minister of Canadian Heritage )
T-808-95
Heald D.J.
8/9/95
Application for judicial review challenging appointment of review panel by Minister of Environment under Canadian Environmental Assessment Act-Panel appointed to assess environmental impacts of facilities proposed by applicant (Sunshine) for ski facilities in Banff National Park-Sunshine preparing Sunshine Village Long-Range Development Plan Proposal of May 29, 1992-1992 Plan much scaled down from 1987 Plan, along lines of approved portions of 1978 Plan-On August 31, 1992 Minister of Environment Jean Charest approved plan as submitted with understanding that environmental assessment review process will apply to each plan component in manner consistent with standard development approval process in Banff National Park-EARPGO replaced by Canadian Environmental Assessment Act on January 19, 1995-Panel appointed under Act at request of Minister Michel Dupuy-Terms of reference for panel extensive-Panel to consider environmental, socio-economic acceptability of "project", including unbuilt portions of 1978 Plan and proposed additions in 1992 Plan-Whether letter from Minister Charest final approval of 1992 Plan or merely conditional approval contingent on completion of environmental assessment for every component of 1992 Plan-Charest letter not obviating further environmental assessment at Sunshine-"Scoping" conducted by Dr. Leeson not initial assessment within meaning of EARPGO, of no legal consequence-Powers granted to Parks Canada under National Parks Act or other relevant legislation not so duplicative of EARP process that EARP no longer applies and jurisdiction of panel established under CEAA eliminated-Management Directive 2.4.2., Building Permit Guidelines not ousting jurisdiction of panel-Appointment of panel not defective in that Minister Dupuy's request under s. 13 of EARPGO not based on erroneous perception of public interest-Evidence of public concern in regards to 1992 plan in existence prior to Minister Dupuy's letter of January 1994-Acting on public concern not amounting to bad faith-Panel barred from examining Goat's Eye development-Review of 1978 Plan not constituting retroactive application of 1984 EARPGO-Conceptual approval from 1978 referenced and incorporated in 1992 Plan, subject to environmental assessment, employing legislation in force-Not open to panel to examine need for entire Sunshine Village development-Appropriate for panel to examine projected increase in water use from Rock Isle Lake and to examine economic and social effects of 1992 Plan modifications-Panel not barred from examining cumulative effects of developments at Sunshine-Panel properly established under transitional provisions of CEAA-Application dismissed-Canadian Environmental Assessment Act, S.C. 1992, c. 37-Environmental Assessment and Review Process Guidelines Order, SOR/84-467-National Parks Act, R.S.C., 1985, c. N-14.