This case was heard in the Federal Court of Canada.

The Humber Environmental Action Group (“HEAG”) sought a Court Order that would require the Minister of Fisheries and Oceans to enforce the Navigable Waters Protection Act and order Corner Brook Pulp and Paper Limited to apply for retroactive approval of bridges that it had allegedly constructed in the Main River watershed area.

The Court held that the Minister’s legal obligation to impose such an order on Corner Brook Pulp and Paper would only come into play if the bridges in question had been constructed over navigable waters. After considering the evidence put before it, the Court held that the applicants had failed to prove that the bridges in question had been constructed over navigable waters, and it therefore dismissed the application.

View the Decision on CanLII: https://www.canlii.org/en/ca/fct/doc/2002/2002fct421/2002fct421.html

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