Sunshine Village Corp. v. Canada ( Minister of Canadian Heritage )
T-1769-97
Teitelbaum J.
4/12/98
16 pp.
Judicial review of Minister of Canadian Heritage's decision, as expressed in letter dated July 25, 1997, to retain federal environmental assessment panel appointed to review Sunshine Village 1992 Long Range Development Plan Proposal (1992 Plan)-Applicant owning, operating commercial ski facilities in Banff National Park-Development Agreement with federal government executed in 1978-1992 Plan approved, construction of Goat's Eye Development began in 1993-Litigation ensued to stop development of ski facilities-In 1995 Sheila Copps, then Deputy Prime Minister and Minister of the Environment, appointing environmental assessment panel to review 1992 Plan-Federal Court upheld validity of appointment, jurisdiction of environmental assessment panel-On March 20, 1997 applicant writing to Sheila Copps to withdraw 1992 Plan-Sheila Copps responding by letter dated July 25, 1997 requesting clarifications regarding opportunity to bring forward various unbuilt components of 1978 plan "prior to a decision respecting the future of the Sunshine Ski Development Environmental Assessment Panel"-By letter dated August 5, 1997 applicant writing to Minister advocating dissolution of environmental panel, requesting response in this respect-Applicant submitting withdrawal of 1992 Plan ousting environmental assessment panel's jurisdiction as no longer any project, proposal to be reviewed-Thus panel functus officio, should be discontinued, Minister should be compelled to discontinue panel-Application dismissed-Applicant's intention to withdraw 1992 Plan incorporated unbuilt components of 1978 plan for which environmental impact assessment required before implementation and was part of panel's terms of reference-No project, proposal remaining to be assessed as nothing remaining to be done from 1978 Plan nor from additional work contained in 1992 Plan-Parties agreed if no proposal or project to be considered then assessment panel functus officio-But July 25, 1997 letter from Minister not final decision subject to judicial review pursuant to Federal Court Act, s. 18.1-Minister's letter seeking clarification-Applicant's August 5, 1997 letter, stating would wait 30 days for reply to applicant's request to disband assessment panel and if no reply given, would assume negative decision, clearly showing Minister not making final decision-Federal Court Act, R.S.C., 1985, c. F7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).