Mushkegowuk Council v. Canada (Attorney General)

Mushkegowuk Council v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2009-05-12
Neutral citation
2009 FCA 153
File numbers
A-469-08
Decision Content
Federal Court of Appeal
CANADA
Cour d'appel fédérale
Date: 20090512
Docket: A-469-08
Citation: 2009 FCA 153
CORAM: EVANS J.A.
LAYDEN-STEVENSON J.A.
RYER J.A.
BETWEEN:
MUSHKEGOWUK COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF NATURAL RESOURCES
(THE HON. GARY LUNN P.C., M.P.) and
THE NUCLEAR WASTE MANAGEMENT ORGANIZATION
Respondents
AND BETWEEN:
MUSHKEGOWUK COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF NATURAL RESOURCES
(THE HON. GARY LUNN P.C., M.P.) and
THE NUCLEAR WASTE MANAGEMENT ORGANIZATION
Respondents
Heard at Toronto, Ontario, on May 12, 2009.
Judgment delivered from the Bench at Toronto, Ontario, on May 12, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: LAYDEN-STEVENSON J.A.
Date: 20090512
Docket: A-469-08
Citation: 2009 FCA 153
CORAM: EVANS J.A.
LAYDEN-STEVENSON J.A.
RYER J.A.
BETWEEN:
MUSHKEGOWUK COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF NATURAL RESOURCES
(THE HON. GARY LUNN P.C., M.P.) and
THE NUCLEAR WASTE MANAGEMENT ORGANIZATION
Respondents
AND BETWEEN:
MUSHKEGOWUK COUNCIL and
STAN LOUTTIT
Appellants
and
THE ATTORNEY GENERAL OF CANADA,
THE MINISTER OF NATURAL RESOURCES
(THE HON. GARY LUNN P.C., M.P.) and
THE NUCLEAR WASTE MANAGEMENT ORGANIZATION
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on May 12, 2009)
LAYDEN-STEVENSON J.A.
[1] The appellants appeal the order of Mr. Justice Zinn dismissing their appeal from an order of Prothonotary Milczynski denying their motion for leave to amend and add alternative relief as part of a consolidated and revised notice of application.
[2] The appeal arises within the context of two applications for judicial review in relation to decisions taken pursuant to the provisions of the Nuclear Fuel Waste Act, S.C. 2002, c. 23 (the Act).
[3] At the hearing of this appeal, the appellants’ counsel informed the Court that the appellants seek judicial review of only those portions of the impugned decisions that were allegedly determined without the consultation required by the Act. We are of the view that the request for declaratory relief contained in the original notice of application encompasses this purpose, a position with which counsel for the respondents the Attorney General of Canada and the Minister of Natural Resources agrees.
[4] Consequently, the amendments are not necessary and the interests of justice would not be served by permitting them to be made. In arriving at this conclusion, we should not be taken to endorse the reasons of the prothonotary or the motions judge.
[5] The appeal will be dismissed with costs.
"Carolyn Layden-Stevenson"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-469-08
(APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN) DATED SEPTEMBER 17, 2008, DOCKET NOS.T-1305-07 and T-1306-07)
STYLE OF CAUSE: MUSHKEGOWUK COUNCIL and STAN LOUTTIT v.
THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES(THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION
AND:
MUSHKEGOWUK COUNCIL and STAN LOUTTIT v.
THE ATTORNEY GENERAL OF CANADA, THE MINISTER OF NATURAL RESOURCES (THE HON. GARY LUNN P.C., M.P.) and THE NUCLEAR WASTE MANAGEMENT ORGANIZATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: May 12, 2009
REASONS FOR JUDGMENT OF THE COURT BY: (EVANS, LAYDEN-STEVENSON & RYER JJ.A)
DELIVERED FROM THE BENCH BY: LAYDEN-STEVENSON J.A.
APPEARANCES:
Murray Klippenstein
Basil Alexander
FOR THE APPELLANTS
Liz Tinker
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Klippensteins
Barristers & Solicitors
Toronto, Ontario
FOR THE APPELLANTS
John H. Sims, Q.C.
Deputy Attorney General of Canada
FOR THE RESPONDENT