Vancouver Island Peace Society v. Canada
A-447-93
Marceau J.A.
9/1/95
3 pp.
Appeal from Trial Judge decision ([1994] 1 F.C. 102) dismissing application: (1) to quash two decisions made by Governor in Council approving visits of nuclear carrying vessels and nuclear-propelled vessels to Canadian ports; and (2) to require respondents to conduct environmental screening under Environmental Assessment and Review Process Guidelines Order (EARPGO) -- In adopting impugned orders permitting passage of U.S. and British nuclear vessels into Canadian ports, Governor in Council acting within authority conferred by royal prerogative in fields of national defence and external affairs -- Adoption by Parliament of: (1) Atomic Energy Control Act; (2) Canada Shipping Act; and (3) Canadian Environmental Protection Act (statutes at issue) not intending to limit authority and discretion of Governor in Council regarding respective fields -- Statutes at issue not having effect of limiting authority and discretion of Governor in Council regarding respective fields -- EARPGO not applying to Orders in Council (Angus v. Canada, [1990] 3 F.C. 410 (F.C.A.)) -- Appellant's claim Department of National Defence report too flawed to be effort performed in good faith not adequate basis for declaring invalid Governor in Council actions -- Atomic Energy Control Act. R.S.C., 1985, c. A-16 -- Canada Shipping Act, R.S.C., 1985, c. S-9-Canadian Environmental Protection Act, R.S.C., 1985 (4th Supp.), c. 16 -- Environmental Assessment and Review Process Guidelines Order, SOR/84-467.