1162209036 QUEBEC INC (Les Amis de la Rivière Kipawa) v. Canada (Attorney General)

1162209036 QUEBEC INC (Les Amis de la Rivière Kipawa) v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2008-09-16
Neutral citation
2008 FCA 267
File numbers
A-4-08
Decision Content
Date: 20080916
Docket: A-4-08
Citation: 2008 FCA 267
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
TRUDEL J.A.
BETWEEN:
LES AMIS DE LA RIVIÈRE KIPAWA incorporated as
1162209036 QUEBEC INC.
Appellant
and
THE ATTORNEY GENERAL OF CANADA and
THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA,
THE MINISTER OF FISHERIES AND OCEANS,
THE MINISTER OF TRANSPORT, and
DAVID S. LAFLAMME CONSTRUCTION INC.
Respondents
Heard at Ottawa, Ontario, on September 16, 2008.
Judgment delivered from the Bench at Ottawa, Ontario, on September 16, 2008.
REASONS FOR JUDGMENT OF THE COURT BY: RICHARD C.J.
Date: 20080916
Docket: A-4-08
Citation: 2008 FCA 267
CORAM: RICHARD C.J.
LÉTOURNEAU J.A.
TRUDEL J.A.
BETWEEN:
LES AMIS DE LA RIVIÈRE KIPAWA incorporated as
1162209036 QUEBEC INC.
Appellant
and
THE ATTORNEY GENERAL OF CANADA and
THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA,
THE MINISTER OF FISHERIES AND OCEANS,
THE MINISTER OF TRANSPORT, and
DAVID S. LAFLAMME CONSTRUCTION INC.
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on September 16, 2008)
RICHARD C.J.
[1] We are all in agreement that the appeal should be dismissed.
[2] The environmental assessment did not ignore the question of navigation on the Kipawa River and through the dam. It also considered the interest of the appellant and recommended mitigating measures to preserve, as far as possible, the reasonable use of the river.
[3] Accordingly, the appeal will be dismissed with costs.
"J. Richard"
Chief Justice
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-4-08
(APPEAL FROM A JUDGMENT OF THE HONOURABLE SIMON NOËL, DATED DECEMBER 4, 2007 (DOCKET NO. T-452-08)
STYLE OF CAUSE: LES AMIS DE LA RIVIÈRE KIPAWA incorporated as 1162209036 QUEBEC INC. and THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA, THE MINISTER OF FISHERIES AND OCEANS, THE MINISTER OF TRANSPORT, and DAVID S. LAFLAMME CONSTRUCTION INC.
PLACE OF HEARING: OTTAWA
DATE OF HEARING: September 16, 2008
REASONS FOR JUDGMENT OF THE COURT BY: (RICHARD C.J., LÉTOURNEAU J.A. & TRUDEL J.A.)
DELIVERED FROM THE BENCH BY: Richard C.J.
APPEARANCES:
Rodney Northey and Kristi M. Ross
FOR THE APPELLANT
Vincent Veilleux and Bernard Letarte
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Birchall Northey LLP
FOR THE APPELLANT
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENTS