Date: 19980324
Docket: A-760-97
CORAM: PRATTE, J.A.
DÉCARY, J.A.
LINDEN, J.A.
BETWEEN:
THE STEELHEAD SOCIETY OF
BRITISH COLUMBIA
Appellant
- and -
BRITISH COLUMBIA HYDRO
AND POWER AUTHORITY
Respondent
(Applicant)
- and -
THE ATTORNEY GENERAL OF CANADA
and THE MINISTER OF FISHERIES AND OCEANS
Respondents
(Respondents)
Heard at Vancouver, British Columbia, Tuesday, March 24, 1998
Judgment delivered at
Vancouver, British Columbia, Tuesday, March 24, 1998
REASONS FOR JUDGMENT BY: DÉCARY, J.A.
Date: 19980324
Docket: A-760-97
CORAM: PRATTE, J.A.
DÉCARY, J.A.
LINDEN, J.A.
BETWEEN:
THE STEELHEAD SOCIETY OF
BRITISH COLUMBIA
Appellant
- and -
BRITISH COLUMBIA HYDRO
AND POWER AUTHORITY
Respondent
(Applicant)
- and -
THE ATTORNEY GENERAL OF CANADA
and THE MINISTER OF FISHERIES AND OCEANS
Respondents
(Respondents)
REASONS FOR JUDGMENT
(Delivered from the Bench at Vancouver, British Columbia
on Tuesday, March 24, 1998)
DÉCARY, J.A.
[1] In denying the appellant Society its application for leave to intervene, the Motions Judge was of the view that the proposed intervention was addressing the merits of the Minimum Flow Order under attack, an issue which was not before the Court on judicial review. In so doing, the Motions Judge erred in his appreciation of the pleadings, as the appellant was essentially addressing the legality rather than the merits of the Minister's Order. We are therefore entitled to interfere with the exercise by the Motions Judge of his discretion (see Visx Inc. v. Nidek Co. (1996) 72 C.P.R. (3d) 19 at 22, F.C.A.).
[2] We have been persuaded by counsel for the appellant that the Society has a sufficient interest in the outcome of the case and in the public law issues raised therein and that it can make a useful contribution to the resolution of the case. In the circumstances, the particular concerns of the Society are such that it appears to be in a position to bring an informed and different perspective which ought to be considered by the Court.
[3] The appeal will be allowed, the Order under attack will be set aside and the appellant will be granted leave to intervene in this matter for the sole purpose of adducing written and oral arguments with respect to the issues described in subparagraphs (b)(ii) and (b)(v) of the Originating Notice of Motion of British Columbia Hydro and Power Authority.
(Sgd.) "Robert Décary"
J.A.
FEDERAL COURT OF APPEAL
Date: 19980324
Docket: A-760-97
BETWEEN:
THE STEELHEAD SOCIETY OF
BRITISH COLUMBIA
Appellant
- and -
BRITISH COLUMBIA HYDRO
AND POWER AUTHORITY
Respondent
(Applicant)
- and -
THE ATTORNEY GENERAL OF CANADA
and THE MINISTER OF FISHERIES AND OCEANS
Respondents
(Respondents)
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: A-760-97
STYLE OF CAUSE: THE STEELHEAD SOCIETY OF
BRITISH COLUMBIA,
Appellant,
- and -
BRITISH COLUMBIA HYDRO
AND POWER AUTHORITY,
Respondent (Applicant),
- and -
| THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF FISHERIES AND OCEANS, |
Respondents (Respondents).
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: March 24, 1998
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY, J.A.
| CONCURRED IN BY: PRATTE, J.A. |
DÉCARY, J.A.
LINDEN, J.A.
DATED: March 24, 1998
APPEARANCES:
| Mr. Timothy Howard for the Appellant |
| Mr. Warren Milman for the Respondent, B.C. Hydro |
SOLICITORS OF RECORD:
| Mr. Timothy Howard for the Appellant |
| Mr. Warren Milman for the Respondent, B.C. Hydro |
| George Thomson for the Respondents |
Deputy Attorney General of Canada
REASONS FOR JUDGMENT
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