Foreign Trade
Judicial review of Minister of Foreign Affairs’ decision rejecting applications for export permits without disclosing rationale for policy that export permits for standing timber from coastal region of British Columbia will not be granted—Applicant owner of significant tracts of forest lands in coastal region of British Columbia—Whether breach of due process committed by Minister in decision-making process leading to applications—No evidence Minister’s enforcement of federal policy contingent on British Columbia’s approval—Relationship between federal, provincial regimes only complementary—No evidence of content of rationale, no evidence rationale ever made public, or that applicant had knowledge of policy—Breach of due process given importance of Minister’s decision to applicant, decision rendered in non-transparent manner in form, substance—Minister’s failure to make public statement of rationale for policy most important element of unfair nature of processing of applicant’s applications—Minister committing reviewable error—Application allowed.
Island Timberlands LP v. Canada (Minister of Foreign Affairs) (T-1900-07, 2008 FC 1380, Campbell J., order dated December 17, 2008, 20 pp.)