Young v. Canada ( Attorney General )
T-1557-98
Teitelbaum J.
25/8/99
19 pp.
Judicial review of Minister of Canadian Heritage's decision to close Maligne River in Jasper National Park to all boating activity beginning in 1999 to protect habitat of harlequin ducks-Applicants offer commercial rafting trips on River-1991 environmental assessment indicating rafting having adverse impact on harlequin ducks along river-Scientific research on harlequin ducks conducted between 1991, 1996-Decision on use of river reserved until after public consultation on options-Extension of time granted to allow applicants to participate; specific information provided to applicants; applicants providing written submissions-Parks Canada analyzed submissions, prepared recommendation for Minister-Minister agreed with recommendations-Applicants alleging by express undertaking, course of conduct, Minister provoking legitimate expectation of public consultation of stakeholders, and fair, reasonable consideration in decision making; failure to reach fair decision rendering decision void-Application denied-Baker v. Canada (Minister of Citizenship and Immigration) (1999), 174 D.L.R. (4th) 193 (S.C.C.) setting out factors to be considered by Court in reviewing Minister's decision-No privative clause in National Parks Act; responsible Minister, delegate having some expertise relative to management of parks; National Parks Act providing Minister with broad statutory power to administer, manage, control national parks; discretion apparently intended to be central feature in operation of national parks based on importance of balancing human interests, environmental considerations-Issues raised in applicants' argument based on Minister's appreciation of evidence-Nature of problem relating to determination of facts-Appropriate standard of review reasonableness-Legitimate expectation not creating substantive rights-Minister respecting procedure applicants could reasonably have expected to be followed-No evidence Minister not consulting stakeholders prior to presenting options-That applicants' views not accepted by Parks Canada not meaning not considered-Minister's decision reflecting balancing of human interest, environmental concerns-Minister giving applicants opportunity of offering commercial rafting services in alternative river locations within Park-Relocation of rafting activity from one area to another based on reasonable environmental concerns apparently prudent action, not zero effect action-Minister not creating any expectation information received during consultation period would be subject of additional round of consultation-Applicants' demand for solid scientific proof of causal connection between rafting, decline of birds' population in river impossibility-No absolute certainties in science, only probabilities-Reasonable for Minister to conclude that on evidence, as whole, harlequin ducks vulnerable to disturbance-Procedural fairness dealing with procedure, practice during decision-making process, not results of process-Most of issues raised by applicants relating to substantive question of validity, merits of Minister's decision-National Parks Act, R.S.C., c. N-14.