Alberta Wilderness Assn. v. Canada ( Minister of Fisheries and Oceans )
T-2354-97
Hargrave P.
24/4/98
12 pp.
Review of proposed open pit coal project, Cheviot Mine, development which would straddle Cardinal River Divide in Alberta foothills west of Edmonton near Cadumin-Treaty 8 First Nations, Alberta corporation, as umbrella group for various Alberta First Nations, wishing to be added as intervener, albeit at late date-Cardinal River Coals Ltd. wishing to construct, develop, operate and eventually decommission open pit coal mine and coal processing plant-Applicants initiating judicial review pointing out, among other things, improper environmental assessment under Canadian Environmental Assessment Act-Treaty 8 First Nations existed several years before Review Panel hearing, albeit under different name, in different form-Representative proceeding should generally be treated not as rigid matter of principle, but as flexible tool of convenience in administration of justice, for concept of representation ought not to be applied strictly, but in permissive manner-To allow Treaty 8 First Nations to represent number of Indian entities sensible, will save time, will allow justice to be done-Treaty 8 First Nations could put forth views of entities which initiated predecessor associations and subsequently caused it to be incorporated for purposes such as present-Treaty 8 First Nations having appropriate standing to seek to be added as intervener-Whether entity may have interest in outcome not in itself grounds for allowing intervention-One must consider whether intervener might be able to bring different perspective which would assist Court-Treaty 8 First Nations falling into category set out in CEAA, being Aboriginal persons currently using lands for traditional purposes, may be impacted by Cheviot Coal Project-Having requisite interest to be added as interveners-Could bring to judicial review proceeding different, important perspective which might assist Court-Treaty 8 First Nations ought to be added, subject to overweighing prejudice to applicants, respondents, prior interveners-Canadian Environmental Assessment Act, S.C. 1992, c. 37.