A-369-97
CORAM: STRAYER
J.A.
DENAULT
J.A.
DESJARDINS
J.A.
B E T W E E
N:
THE
FRIENDS OF THE WEST COUNTRY ASSOCIATION
Respondent
(Applicant)
–
and –
MINISTER
OF FISHERIES AND OCEANS
DIRECTOR,
MARINE PROGRAMS, CANADIAN COAST GUARD
Appellants
(Respondents)
HEARD at
Ottawa, Ontario, Friday October 17, 1997
JUDGMENT
rendered from the Bench at Ottawa, Ontario on October 17, 1997
REASONS FOR
JUDGMENT BY: STRAYER J.A.
A-369-97
CORAM: STRAYER
J.A.
DENAULT
J.A.
DESJARDINS
J.A.
B E T W E E
N:
THE
FRIENDS OF THE WEST COUNTRY ASSOCIATION
Respondent
(Applicant)
–
and –
MINISTER
OF FISHERIES AND OCEANS
DIRECTOR,
MARINE PROGRAMS, CANADIAN COAST GUARD
Appellants
(Respondents)
REASONS
FOR JUDGMENT
(Delivered
from the Bench at Ottawa, Ontario
on
Friday, October 17, 1997)
STRAYER
J.A.
We
are all of the view that this appeal must be dismissed for mootness. In the
order appealed from the learned motions judge ordered the production by the
appellants of a wide range of documents. A stay of that order pending appeal
was refused by this Court. The appellants have provided all or most of the
documents required by the order and the respondent here confirms that it is now
seeking no further production. In the circumstances any decision we might make
would not affect the access of the respondent to the material or its use by one
means or another.
While
counsel for the appellants urged us to decide some general principles for the
application of Rule 1612 in the judicial review of decisions related to the Canadian
Environmental Assessment Act, we are not persuaded that we could make any
such general determination as would be useful in other cases involving other
facts.
In
dismissing the appeal we take no position on the correctness of the decision
under appeal. Further, our decision should not be taken to affect the right or
obligation of the motions judge who hears the judicial review to determine
which decisions are subject to review and which documents are relevant for the
review of those decisions.
J.A.
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