This application for leave to appeal was considered by the Supreme Court of Newfoundland and Labrador (Court of Appeal).

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.

After the Judge went on to find that Mr. Cabana had not met the requirements that would prompt the Court to make an interim declaration that work on the Lower Churchill River development should stop, Mr. Cabana applied for leave to appeal both decisions.

The Court of Appeal held that there was no basis for Mr. Cabana to appeal the Judge’s decision not to make an interim declaration, but it held that there were grounds upon which to appeal the Judge’s decision not to recuse herself. The Court therefore denied leave to appeal the decision concerning the interim declaration, but it granted leave to appeal the decision concerning the recusal.

To read related decisions, go to:

Cabana v. Newfoundland and Labrador, 2013 CanLII 10499 (NL SCTD)

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/nlca/doc/2014/2014nlca1/2014nlca1.html

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