Friends of Oak Hammock Marsh Inc. v. Canada ( Minister of Western Economic Diversification )
T-612-93
Rouleau J.
9/6/94
6 pp.
Motion by applicant Ministers to dismiss application for judicial review brought by respondent Friends of Oak Hammock Marsh Inc. (FOHM) -- Ducks Unlimited (Canada), private, non-profit, conservation organization to preserve waterfowl breeding habitat in Canada, received funding from Western Economic Diversification (WED) for interpretive and educational centre at Oak Hammock Marsh, to be combined with office complex -- Office complex approved by government, built, completed in December 1992, centre opened in Spring 1993 -- Respondent opposed to project -- Whether FOHM's application out of time and whether relief sought by it should be granted -- FOHM aware of Minister's decision project not requiring public environmental assessment as early as 1991 -- Applicant opposed municipal by-law amendment and granting of provincial licence for project -- Even if application not out of time, ought to be dismissed -- Futile to grant relief sought by FOHM; even if order of establishment of environmental assessment panel, any findings made with respect to environmental effects would have no practical effect -- Project built and operating, funding paid not recoverable, federal government without power to impose terms and conditions on operation of project -- Since licenses and permits for building and lagoon granted by provincial authorities operating under relevant Manitoba statutes, all possible remedies lying with provincial authorities -- Federal government without authority to revoke such licenses or suspend such permits -- To do so would be invasion on areas of provincial responsibility -- EARP Guidelines Orders cannot be used as colourable device to invade areas of provincial jurisdiction unconnected to relevant heads of federal power -- Motion granted -- Environmental Assessment and Review Process Guidelines Order, SOR/84-478.