EXPROPRIATION |
Society Promoting Environmental Conservation v. Canada (Attorney General)
T-1509-99
2002 FCT 236, Campbell J.
5/3/02
45 pp.
Intended expropriation of British Columbia sea bed and lands in 1999 for continued use as test firing torpedo range by military of Canada, United States raised massive objection by persons, groups--Nevertheless, Federal government went ahead with expropriation now under attack in present application by lead objector organization--Shortly after breakdown in negotiations between Federal, Provincial governments, expropriation proceedings initiated to acquire Canadian Forces Maritime Experimental Testing Range (CFMETR) site by Minister of Public Works and Government Services Canada under Expropriation Act--Applicant in present judicial review environmental organization established in 1969, based in Vancouver, active advocate on wide range of environmental, safety issues--As result of being granted maximum 30-day extension, hearing officer completed hearings, filed report, as required by Act, within merely 60 days of appointment--Applicant attacking confirmation of expropriation by Minister under Act, s. 11(1)(a)(ii) by arguing certain mandatory/procedural, substantive requirements of Act not met by hearing officer--Failure constituting error going to jurisdiction of Minister to exercise discretion--Whether hearing officer correctly interpreted provisions of Act, if so, whether he followed them as required--Failure to serve notice of hearing on 570 objectors within deadline imposed by Act, s. 10(4)(a) error preventing Minister from acquiring jurisdiction to exercise discretion under Act, s. 11(1)(a)(ii)-- Report of hearing officer must provide accurate, useful information about "nature and grounds" of objections to intended expropriation to allow Minister opportunity to decide whether policy decision already taken should be confirmed-- Obligation accepted by hearing officer informational, both to public, Minister--Hearing officer misunderstood requirements of s. 10(4)(d), as result gave contentious subjective analysis not required, failed to report information required by Act--Report lacking critical information on grounds of objections received which public, Minister required--Hearing officer also erred in refusing to accept objections based on allegations of bad faith on part of Government of Canada--Failure on part of hearing officer to report according to mandatory requirements imposed by s. 10(4)(d) error preventing Minister from acquiring jurisdiction to exercise discretion under Act, s. 11(1)(a)(ii)--Minister of Public Works and Government Services Canada's confirmation made under Expropriation Act, s. 11(1)(a)(ii) quashed for want of jurisdiction--Expropriation Act, R.S.C., 1985, c. E-21, ss. 10 (as am. by S.C. 1994, c. 43, s. 85), 11.