Date: 19980226
Docket: A-797-97
CORAM: STONE, J.A.
BETWEEN:
VUNTUT GWITCHIN FIRST NATION
Appellant
- and -
ATTORNEY GENERAL OF CANADA, representing the
MINISTER OF INDIAN AND NORTHERN AFFAIRS and
NORTHERN CROSS (YUKON) LTD.
Respondents
Heard at Vancouver, British Columbia, Monday the 25th day of May, 1998
Judgment delivered at
Vancouver, British Columbia, Monday the 25th day of May, 1998
REASONS FOR JUDGMENT BY: DENAULT, J.A.
Date: 19980526
Docket: A-797-97
CORAM: STONE, J.A.
DENAULT, J.A.
DÉCARY, J.A.
BETWEEN:
VUNTUT GWITCHIN FIRST NATION
Appellant
- and -
ATTORNEY GENERAL OF CANADA, representing the
MINISTER OF INDIAN AND NORTHERN AFFAIRS and
NORTHERN CROSS (YUKON) LTD.
Respondents
REASON FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, B.C.,
on Monday, May 25, 1998)
DENAULT, J.A.
[1] This is an appeal of a decision of Rouleau, J. of the Trial Division who dismissed an application for Judicial Review of the Appellant seeking to set aside the decision of the Minister of Indian Affairs dated May 30, 1997 granting a Land Use permit to the Respondent Northern Cross (Yukon) Ltd. to conduct extended flow tests on three of its wells. The Appellant opposed the issuance of the permit on environmental grounds.
[2] We are all of the view that this appeal cannot succeed.
[3] Taking into consideration that an Interim Measures Framework Agreement had been signed on April 1, 1996 to coordinate the review of Level II projects being assessed pursuant to Canada Environmental Assessment Act, the judge may have made too broad of a statement by saying that s. 12.19.5 reads as an overriding provision of the Vuntut Gwitchin First Nation Final Agreement. But in so far as the Respondent's application, filed on May 30, 1996, was characterized as a Level I project, not covered by the Interim Measures Agreement, it was open to the judge to conclude that the Land Use Engineer was right in following the procedures and criteria set out in the Canadian Environmental Assessment Act and the Territorial Lands Act.
[4] As to the Appellant's argument that the judge erred in finding that the Land Use Engineer's discretion was not fettered by his superiors in DIAND (Department of Indian Affairs and Northern Development), we see no merit in this argument. In our view, there is no evidence in the record to support a proposition to the contrary.
[5] The appeal should be dismissed with costs of the appeal to the Respondent Northern Cross (Yukon) Ltd., the other Respondent not requesting costs.
(Sgd.) "Pierre Denault"
Judge
Vancouver, British Columbia
May 26, 1998
FEDERAL COURT OF APPEAL
Date: 19980525
Docket: A-797-97
BETWEEN:
VUNTUT GWITCHIN FIRST NATION
Appellant
- and -
ATTORNEY GENERAL OF CANADA, representing the MINISTER OF INDIAN AND NORTHERN
AFFAIRS and NORTHERN CROSS (YUKON) LTD.
Respondents
REASONS FOR JUDGMENT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: A-797-97
STYLE OF CAUSE: VUNTUT GWITCHIN FIRST NATION
Appellant
- and -
ATTORNEY GENERAL OF CANADA, representing the MINISTER OF INDIAN AND NORTHERN AFFAIRS and NORTHERN CROSS (YUKON) LTD.
Respondents
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: May 25, 1998
REASONS FOR JUDGMENT OF THE COURT BY: DENAULT, J.A.
| CONCURRED IN BY: STONE, J.A. |
DATED: May 26, 1998
APPEARANCES:
| Mr. R. S. Veale for the Appellant |
| Mr. Richard A. Buchan for the Respondent Northern Cross (Yukon) Ltd. |
| Mr. Jeffrey Hutchinson for the Respondent (Attorney General of Canada) |
| Mr. Richard A. Buchan for the Respondent Northern Cross (Yukon) Ltd. |
SOLICITORS OF RECORD:
| Mr. R. S. Veale for the Appellant |
Veale Kilpatrick
| Mr. Richard A. Buchan for the Respondent Northern Cross (Yukon) Ltd. |
| George Thomson for the Respondent |
Deputy Attorney General of Canada
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