Ecology Action Centre v. Canada (Environment and Climate Change), 2016 FCA 258 (CanLII)
This case was heard in the Federal Court of Appeal.
The federal Ministers of Environment and Health issued two Ministerial decisions approving the production of genetically-modified salmon eggs at a production facility in Prince Edward Island. The Ecology Action Centre (“EAC”) applied for judicial review of both decisions.
The Court held that the appropriate standard by which to review the Ministers’ decisions was the reasonableness standard. After considering the Ministers’ actions and the evidence that the Ministers had taken into account, the Court held that their decisions were not unreasonable. The EAC’s application for judicial review was therefore dismissed.
When the EAC appealed to the Federal Court of Appeal, the Court held that the Federal Court had not erred in concluding that the Ministers’ decisions were reasonable. In response to an argument by the EAC that the Federal Court had breached the duty of procedural fairness by advancing its own interpretation of the relevant legislation, the Court of Appeal held that the Federal Court had the right to apply an interpretation that had not been advanced by the parties themselves. The EAC’s appeal was therefore dismissed.
To read about this case in the Federal Court of Canada, go to Ecology Action Centre v. Canada (Environment), 2015 FC 1412 (CanLII).
View the Decision on CanLII: https://www.canlii.org/en/ca/fca/doc/2016/2016fca258/2016fca258.html
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