ENVIRONMENT |
Tsawwassen Indian Band v. Canada (Minister of Finance)
A-257-98
2001 FCA 58, Linden J.A.
13/3/01
7 pp.
Appeal from F.C.T.D. decision ((1998), 27 C.E.L.R. (N.S.) 177) dismissing two applications for judicial review of Minister of Finance's approval of loan by Export Development Corporation to Vancouver Port Corporation (VPC) and of Minister of Environment's decision not to refer Deltaport to mediator pursuant to Act--Band owning 640-acre reserve in Roberts Bank area--VPC operating port facilities at Roberts Bank--Construction of container terminal there approved in 1992, began in 1993, completed in 1997--Canadian Environmental Assessment Act (CEAA) came into force in 1995--No environmental assessment of project done pursuant to CEAA, nor under predecessor regime, EARPGO--VPC did own review, considering not required to comply with either of these regimes as Crown corporation--Band arguing its interests never considered adequately by any review--Appeal dismissed--Definition of project in CEAA making it clear environmental assessments must be done only of proposed construction still in planning stages--Otherwise, would be unfair to those responsible for building projects, as project could be halted or changed at any time during construction process and, possibly, even afterwards--Retroactivity to be avoided--Transitional provision, CEAA, s. 74, not meant to furnish new system of review under CEAA to projects already under construction--Canadian Environmental Assessment Act, S.C. 1982, c. 37, s. 74--Environmental Assessment and Review Process Guidelines Order, SOR/84-467.