Docket: A-225-14
Citation: 2015 FCA 254
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CORAM:
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NADON J.A.
SCOTT J.A.
RENNIE J.A.
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BETWEEN:
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TASEKO MINES
LIMITED
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Appellant
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and
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THE MINISTER
OF THE ENVIRONMENT and THE ATTORNEY GENERAL OF CANADA and THE FEDERAL REVIEW
PANEL and THE TSILHQOT'IN NATIONAL GOVERNMENT and JOEY
ALPHONSE, on his own behalf and on behalf of all other members of the
Tsilhqot'in Nation
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Respondents
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Heard at Vancouver, British Columbia, on November 16, 2015.
Judgment delivered from the Bench at Vancouver, British Columbia, on
November 16, 2015.
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REASONS FOR JUDGMENT OF THE COURT BY:
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NADON
J.A.
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Docket: A-225-14
Citation:
2015 FCA 254
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CORAM:
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NADON J.A.
SCOTT J.A.
RENNIE J.A.
|
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BETWEEN:
|
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TASEKO MINES
LIMITED
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Appellant
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and
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THE MINISTER
OF THE ENVIRONMENT and THE ATTORNEY GENERAL OF CANADA and THE FEDERAL REVIEW
PANEL and THE TSILHQOT'IN NATIONAL GOVERNMENT and JOEY ALPHONSE, on
his own behalf and on behalf of all other members of the Tsilhqot'in Nation
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Respondents
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REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British
Columbia, on November 16, 2015).
NADON J.A.
[1]
Although we cannot endorse all of Harrington
J.’s reasoning and in particular his comments at paragraph 21 of his reasons
where he appears to adopt a test which goes to the merits of the case, we are
satisfied that he reached the proper result in refusing to make the order of
production sought by the Appellant.
[2]
More particularly we are of the view that, in
the words of Gonthier J. in Commission des affaires sociales v. Noémic Tremblay
and Minister of Manpower and Income Security, [1992]
1 S.C.R. 952 at p. 966, there are no “valid
reasons for believing that the process followed did not comply with the rules
of natural justice”.
[3]
In other words, the fact that the Secretariat
personnel spent approximately 3000 hours working on the Review Panel’s report
does not constitute, per se, a sufficient basis to conclude to the existence of
valid or good grounds justifying the lifting of the veil of secrecy. This is
not, in our respectful opinion, one of those exceptional cases where, in the
view of the Supreme Court of Canada, it would be proper to allow the production
of documents which would normally fall under the veil of the secrecy of
deliberations.
[4]
The appeal will therefore be dismissed with
costs.
"M. Nadon"
FEDERAL
COURT OF APPEAL
NAMES
OF COUNSEL AND SOLICITORS OF RECORD
(APPEAL FROM AN ORDER OF THE HONOURABLE
MR. JUSTICE HARRINGTON, DATED APRIL 17, 2014, DOCKET NO. T-1977-13)
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STYLE OF CAUSE:
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TASEKO MINES LIMITED v. THE MINISTER OF
THE ENVIRONMENT AND THE ATTORNEY GENERAL OF CANADA AND THE FEDERAL REVIEW
PANEL AND THE TSILHQOT'IN NATIONAL GOVERNMENT AND JOEY ALPHONSE, ON HIS OWN
BEHALF AND ON BEHALF OF ALL OTHER MEMBERS OF THE TSILHQOT'IN NATION
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PLACE OF
HEARING:
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Vancouver, British Columbia
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DATE OF
HEARING:
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November 16, 2015
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REASONS
FOR JUDGMENT OF THE COURT BY:
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NADON J.A.
SCOTT J.A.
RENNIE J.A.
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DELIVERED
FROM THE BENCH BY:
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NADON J.A.
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APPEARANCES:
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K. Michael Stephens
K. Webber
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For The Appellant
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Lorne Lachance
Michele Charles
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For The Respondents
THE MINISTER
OF THE ENVIRONMENT AND THE ATTORNEY GENERAL OF CANADA
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David Bursey
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For The Respondent
THE FEDERAL
REVIEW PANEL
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[BLANK]
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For The Respondents
THE TSILHQOT'IN NATIONAL GOVERNMENT AND
JOEY ALPHONSE ET AL
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SOLICITORS OF RECORD:
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Hunter Litigation Chambers
Barristers & Solicitors
Vancouver,
British Columbia
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For The Appellant
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For The Respondents
THE MINISTER
OF THE ENVIRONMENT AND THE ATTORNEY GENERAL OF CANADA
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Bennett Jones LLP
Barristers & Solicitors
Vancouver,
British Columbia
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For The Respondent
THE FEDERAL REVIEW PANEL
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Jay Nelson Law
Barrister & Solicitor
Victoria, British Columbia
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For The Respondents
THE TSILHQOT'IN NATIONAL GOVERNMENT AND
JOEY ALPHONSE ET AL
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