Mitchell v. Canada (Attorney General), 1999 CanLII 19745 (NL SCTD)

This case was heard in the Supreme Court of Newfoundland and Labrador (Trial Division).

Mr. Mitchell initiated a private prosecution against Abitibi Consolidated Inc., CHI Hydroelectric Inc., and Tarmac Canada Inc., alleging a number of violations of the federal Fisheries Act. After the Attorney General of Canada stayed the charges that Mr. Mitchell had laid against the accused, Mr. Mitchell applied for judicial review of the Attorney General’s decision.

The Court held that considerable judicial deference should be paid to the Attorney General’s decision. As the Attorney General had not demonstrated any flagrant impropriety, which would include “misconduct bordering on corruption” and “violation of the law,” the Court saw no reason to interfere with his decision. Mr. Mitchell’s application was therefore dismissed.

View the Decision on CanLII: https://www.canlii.org/en/nl/nlsctd/doc/1999/1999canlii19745/1999canlii19745.html

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