1162209036 QUEBEC INC (Les Amis de la Rivière Kipawa) v. Canada (Attorney General), 2008 FCA 267

Date: 20080916

Docket: A-4-08

Citation: 2008 FCA 267

CORAM:       RICHARD C.J.

                        LÉTOURNEAU J.A.

                        TRUDEL J.A.

BETWEEN:

LES AMIS DE LA RIVIÈRE KIPAWA incorporated as

1162209036 QUEBEC INC.

Appellant

and

THE ATTORNEY GENERAL OF CANADA and

THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA,

THE MINISTER OF FISHERIES AND OCEANS,

 THE MINISTER OF TRANSPORT, and

DAVID S. LAFLAMME CONSTRUCTION INC.

Respondents

Heard at Ottawa, Ontario, on September 16, 2008.

Judgment delivered from the Bench at Ottawa, Ontario, on September 16, 2008.

REASONS FOR JUDGMENT OF THE COURT BY:                                               RICHARD C.J.

Date: 20080916

Docket: A-4-08

Citation: 2008 FCA 267

CORAM:       RICHARD C.J.

                        LÉTOURNEAU J.A.

                        TRUDEL J.A.

BETWEEN:

LES AMIS DE LA RIVIÈRE KIPAWA incorporated as

1162209036 QUEBEC INC.

Appellant

and

THE ATTORNEY GENERAL OF CANADA and

THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA,

THE MINISTER OF FISHERIES AND OCEANS,

 THE MINISTER OF TRANSPORT, and

DAVID S. LAFLAMME CONSTRUCTION INC.

Respondents

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Ottawa, Ontario, on September 16, 2008)

RICHARD C.J.

[1]               We are all in agreement that the appeal should be dismissed.

[2]               The environmental assessment did not ignore the question of navigation on the Kipawa River and through the dam. It also considered the interest of the appellant and recommended mitigating measures to preserve, as far as possible, the reasonable use of the river.

[3]               Accordingly, the appeal will be dismissed with costs.

 "J. Richard"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-4-08

(APPEAL FROM A JUDGMENT OF THE HONOURABLE SIMON NOËL, DATED DECEMBER 4, 2007 (DOCKET NO. T-452-08)

STYLE OF CAUSE:                                                              LES AMIS DE LA RIVIÈRE KIPAWA incorporated as 1162209036 QUEBEC INC. and THE ATTORNEY GENERAL OF CANADA and THE MINISTER OF PUBLIC WORKS AND GOVERNMENT SERVICES CANADA, THE MINISTER OF FISHERIES AND OCEANS, THE MINISTER OF TRANSPORT, and DAVID S. LAFLAMME CONSTRUCTION INC.

PLACE OF HEARING:                                                        OTTAWA

DATE OF HEARING:                                                          September 16, 2008

REASONS FOR JUDGMENT OF THE COURT BY:       (RICHARD C.J., LÉTOURNEAU J.A. & TRUDEL J.A.)

DELIVERED FROM THE BENCH BY:                            Richard C.J.

APPEARANCES:

SOLICITORS OF RECORD: