Cabana v. Newfoundland and Labrador, 2013 CanLII 10499 (NL SCTD)
This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).
Mr. Cabana initiated legal proceedings on the grounds that the development of the Lower Churchill River hydro-electric project was unlawful, as the Province of Newfoundland and Labrador had failed to hold a public referendum before approving the project, and had also put the financial wellbeing of the public at risk, and in doing both had violated the Canadian Charter of Rights and Freedoms.
In the midst of a hearing that was being held to determine whether the Court should grant an interim declaration that work on the Lower Churchill River development should stop, Mr. Cabana brought a recusal application, arguing that the sitting Judge should recuse herself from hearing the matter. After considering the evidence put forward by Mr. Cabana, the Judge held that she should not recuse herself, as informed, reasonable, and right-minded persons would not conclude that there was a reasonable apprehension of bias on her part.
To read related decisions, go to:
Cabana v. Newfoundland and Labrador, 2014 NLCA 1 (CanLII)
Cabana v. Newfoundland and Labrador, 2014 NLCA 34 (CanLII)
Cabana v. Newfoundland and Labrador et al., 2016 NLCA 75 (CanLII)
Cabana v. Newfoundland and Labrador, 2013 CanLII 45930 (NL SCTD)
Cabana v. Newfoundland and Labrador, 2015 CanLII 73452 (NL SCTD)
Cabana v. Newfoundland and Labrador, 2016 NLCA 39 (CanLII)
View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/2013/2013canlii10499/2013canlii10499.html
Disclaimer:
Case briefs in our Resource Library are drafted by law students who work or volunteer with East Coast Environmental Law, and East Coast Environmental Law does not guarantee their fullness or accuracy. Library users should not rely on case briefs as comprehensive accounts of the issues, facts, reasoning, or outcomes at stake in any given case.
If you require more detailed information about a court decision or legal issue, please consider using our Environmental Law Inquiry Service to request information from our staff.