Sierra Club of Canada v. Canada ( Minister of Finance )
T-85-97
Pelletier J.
13/9/99
10 pp.
Complex financial transaction authorized by two Crown Ministers to make available funding for Atomic Energy of Canada Limited's (AECL) sale of Candu reactors to People's Republic of China-Whether transaction triggered requirement of environmental assessment under Canadian Environmental Assessment Act-Application for judicial review brought by Sierra Club of Canada to set transaction aside-Applicant seeking review under Act as transaction loan, guarantee, other form of financial assistance as set out in Act, s. 5(1)(b)-Elaine May writing to Ministers, telling them they have contravened Act-Applicant bringing application for judicial review of Minister's refusal to do duty-AECL wanting to know which facts Sierra Club said triggered operation of Act-Asking Elaine May specific questions at cross-examination on affidavit-Basis of applicant's objections questions either questions of law or require Ms. May to interpret Act in order to answer them-Category of facts which are consequence of adoption of certain view of law what in issue herein-Position of applicant in challenging financing of sale of Candu reactors result of certain view of law-Questions seeking to identify factual underpinning of position proper questions even if require interpretation of Act-Q. 71 to answer when illegal act at issue in application occurred-AECL entitled to explicit answer to question-Q. 73, 84, 430 to identify lender, borrower in loan transaction, to identify proponent, to identify guarantor, person in whose favour guarantee given, to identify nature, extent of financial assistance, to whom provided-Proper questions as intended to identify basis on which applicant said Act, s. 5(1)(b) engaged by transaction-Q. 472 to answer whether Ms. May agreed with general consensus as to application of Act to Crown corporations-Question not relevant-Ms May ordered to reattend to answer questions identified as Q. 71(a), 73(a), 84 (and 430) (a), (b), (c) in Schedule "A" to AECL's notice of motion-Canadian Environmental Assessment Act, S.C. 1992, c. 37, s. 5(1)(b).