Labrador Inuit Association v. Newfoundland (Minister of Environment and Labour), 1997 CanLII 14612 (NL CA)

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

In the midst of an environmental assessment process that had been designed to review proposed mining and milling operations at Voisey’s Bay, the Province of Newfoundland decided to exempt certain “support works”—which included the construction of a temporary access road and airstrip—from the Memorandum of Understanding (“MOU”) that had been created to facilitate the environmental review. The Labrador Inuit Association and Innu Nation applied for judicial review of the Minister’s decision to exempt the “support works” from the MOU, and among other things asked the Court to declare that the access road and airstrip needed to be assessed under the environmental assessment process described in the MOU.

After considering the issues, the Court held that the Minister had not erred in excluding the “support works” from the MOU, and that the Minister’s conduct throughout the process was fair. The Court found no reason to interfere with the Minister’s decision in any way, and it dismissed both applications for judicial review.

The Labrador Inuit Association and Innu Nation appealed to the Newfoundland Court of Appeal. After reviewing the relevant legislation, law, and legal principles, the Court held that the lower court had erred in finding that the Minister had been correct to exclude the “support works” from the MOU. The Court of Appeal found that the Minister had no lawful authority to do so, and it therefore quashed the Minister’s decision.

To read related decisions, go to Labrador Inuit Association v. Newfoundland (Minister of Environment and Labour), 1997 CanLII 16040 (NL SCTD) and Labrador Inuit Association v. Newfoundland (Minister of Environment and Labour), 1997 CanLII 16007 (NL SCTD).

View the Decision on CanLII: https://www.canlii.org/en/nl/nlca/doc/1997/1997canlii14612/1997canlii14612.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.