Martin v. Province of New Brunswick and Chaleur Terminals Inc., 2016 NBQB 138 (CanLII)

This case was heard in the New Brunswick Court of Queen's Bench (Trial Division).

After the Province of New Brunswick issued three approvals to Chaleur Terminals Inc. regarding the construction of a rail terminal and transfer system in Belledune, New Brunswick, the Listiguj Mi’gmaq First Nation and Mi’gmawei Mawiomi Secretariat applied for judicial review of the approvals, arguing that they had been issued before necessary consultations with affected Indigenous nations had been carried out.

The Court determined that the standard by which the approvals should be assessed was the standard of reasonableness, and it held that the approvals had been issued reasonably, with reasonable consultation having been carried out. It therefore held that there were no grounds upon which to interfere with the Province’s decision, and it dismissed the application for judicial review.

View the Decision on CanLII: https://www.canlii.org/en/nb/nbqb/doc/2016/2016nbqb138/2016nbqb138.html

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