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HER MAJESTY the QUEEN in RIGHT of ALBERTA As Friends of the Oldman River Society v. Canada (Minister of..., 1992 CarswellNat 1313 1992 CarswellNat 1313, 1992 CarswellNat 649, [1992] 1 S.C.R. 3, [1992] 2 W.W.R. 193... 1992 CarswellNat 1313 Supreme Court of Canada Friends of the Oldman River Society v. Canada (Minister of Transport) 1992 CarswellNat 1313, 1992 CarswellNat 649, [1992] 1 S.C.R. 3, [1992] 2 W.W.R. 193, [1992] S.C.J. No. 1, 132 N.R. 321, 31 A.C.W.S. (3d) 250, 3 Admin. L.R. (2d) 1, 48 F.T.R. 160, 7 C.E.L.R. (N.S.) 1, 84 Alta. L.R. (2d) 129, 88 D.L.R. (4th) 1, J.E. 92-180, EYB 1992-67211 HER MAJESTY THE QUEEN IN RIGHT OF ALBERTA as represented by the MINISTER OF PUBLIC WORKS, SUPPLY AND SERVICES, MINISTER OF TRANSPORT and MINISTER OF FISHERIES AND OCEANS v. FRIENDS OF THE OLDMAN RIVER SOCIETY; ATTORNEY GENERAL OF QUEBEC, ATTORNEY GENERAL FOR NEW BRUNSWICK, ATTORNEY GENERAL OF MANITOBA, ATTORNEY GENERAL OF BRITISH COLUMBIA, ATTORNEY GENERAL FOR SASKATCHEWAN, ATTORNEY GENERAL OF NEWFOUNDLAND, MINISTER OF JUSTICE OF THE NORTHWEST TERRITORIES, NATIONAL INDIAN BROTHERHOOD/ASSEMBLY OF FIRST NATIONS, DENE NATION AND METIS ASSOCIATION OF THE NORTHWEST TERRITORIES, NATIVE COUNCIL OF CANADA (ALBERTA), SIERRA LEGAL DEFENCE FUND, CANADIAN ENVIRONMENTAL LAW ASSOCIATION, SIERRA CLUB OF WESTERN CANADA, CULTURAL SURVIVAL (CANADA), FRIENDS OF THE EARTH and ALBERTA WILDERNESS ASSOCIATION (Intervenors) Lamer C.J.C., La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin, Stevenson, Iacobucci JJ. Heard: February 19 and 20, 1991 Judgment: January 23, 1992 Docket: Doc. 21890 Counsel: D.R. Thomas, Q.C., T.W. Wakeling and G.D. Chipeur , for appellant the Crown in Right of Alberta. E.R. Sojonky, Q.C., B.J. Saunders and J. de Pencier , for appellants Minister of Transport and Minister of Fisheries and Oceans. B.A. Crane , for respondent. J.-K. Samson and A. Gingras , for intervenor Attorney General of Quebec. P.H. Blanchet , for intervenor Attorney General for New Brunswick. G.E. Hannon , for intervenor Attorney General of Manitoba. G.H. Copley , for intervenor Attorney General of British Columbia. R.G. Richards and T. Irvine , for intervenor Attorney General for Saskatchewan. B.G. Welsh , for intervenor Attorney General of Newfoundland. R.A. Kasting and J. Donihee , for intervenor Minister of Justice of the Northwest Territories. P.W. Hutchins, D.H. Soroka and F.S. Gertler , for intervenor National Indian Brotherhood/Assembly of First Nations. J.J. Gill and Karen M. Trace , for intervenors the Dene Nation and the Metis Association of the Northwest Territories, and the Native Council of Canada (Alberta). G.J. McDade and J.B. Hanebury , for intervenors the Sierra Legal Defence Fund, the Canadian Environmental Law Association, the Sierra Club of Western Canada, the Cultural Survival (Canada) and the Friends of the Earth. M.W. Mason , for intervenor the Alberta Wilderness Association. Subject: Environmental; Public Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 1 Friends of the Oldman River Society v. Canada (Minister of..., 1992 CarswellNat 1313 1992 CarswellNat 1313, 1992 CarswellNat 649, [1992] 1 S.C.R. 3, [1992] 2 W.W.R. 193... Headnote Administrative Law --- Certiorari — Discretion of court to refuse certiorari — Miscellaneous grounds Environmental Law --- Statutory protection of environment — Environmental assessment — General Environmental Law --- Statutory protection of environment — Environmental assessment — Need for assessment — Whether assessment guidelines binding Environmental law — Environmental assessments — Federal Minister of Environment establishing environmental guidelines by means of Guidelines Order under s. 6 of Department of the Environment Act — Section 6 sustaining enactment of mandatory guidelines — Guidelines Order as framed being mandatory — Guidelines Order being consistent with Navigable Waters Protection Act — Nothing in Guidelines Order preventing Minister of Transport from exercising discretion under s. 6(4) of Navigable Waters Act to approve work already built — Guidelines Order not applying only to new projects and federal projects. Environmental law — Legislation — Interpretation — Federal Minister of Environment establishing environmental guidelines by means of Guidelines Order under s. 6 of Department of the Environment Act — Section 6 sustaining enactment of mandatory guidelines — Guidelines Order as framed being mandatory — Guidelines Order being consistent with Navigable Waters Protection Act — Nothing in Guidelines Order preventing Minister of Transport from exercising discretion under s. 6(4) of Navigable Waters Act to approve work already built — Guidelines Order not applying only to new projects and federal projects. Environmental law — Environmental assessments — Province obtaining approval to build dam on river from federal Minister of Transport under s. 5 of Navigable Waters Protection Act — Society applying for certiorari and mandamus to compel transport and fisheries ministers to comply with federal Guidelines Order under Department of Environment Act — Guidelines Order applying to project where federal government having statutory, affirmative regulatory duty relating to proposal — Federal government not necessarily being sole decision-making authority — Guidelines Order creating super-added duty attaching to any other statutory power residing in ministers — Court accepting generally held definition of environment and not confining concept to biophysical environment — Guidelines Order requiring broad interpretation in compliance with objective of making environmental impact assessment an essential component of federal decision- making — Minister of Transport having affirmative regulatory duty regarding project but Minister of Fisheries having only discretionary duty — Supreme Court of Canada granting application only against Minister of Transport. Environmental law — Legislation — Interpretation — Province obtaining approval to build dam on river from federal Minister of Transport under s. 5 of Navigable Waters Protection Act — Society applying for certiorari and mandamus to compel transport and fisheries ministers to comply with federal Guidelines Order under Department of Environment Act — Guidelines Order applying to project where federal government having statutory, affirmative regulatory duty relating to proposal — Federal government not necessarily being sole decision-making authority — Guidelines Order creating super-added duty attaching to any other statutory power residing in ministers — Court accepting generally held definition of environment and not confining concept to biophysical environment — Guidelines Order requiring broad interpretation in compliance with objective of making environmental impact assessment an essential component of federal decision- making — Minister of Transport having affirmative regulatory duty regarding project but Minister of Fisheries having only discretionary duty — Supreme Court of Canada granting application only against Minister of Transport. Energy and natural resources — Water — Riparian rights — Prevention and removal of obstructions — Province obtaining approval to build dam on river from federal Minister of Transport under s. 5 of Navigable Waters Protection Act — Society applying for certiorari and mandamus to compel transport and fisheries ministers to comply with federal Guidelines Order under Department of Environment Act — Guidelines Order applying to project where federal government having statutory, Copyright © Thomson Reuters Canada Limited or its licensors (excluding individual court documents). All rights reserved. 2 Friends of the Oldman River Society v. Canada (Minister of..., 1992 CarswellNat 1313 1992 CarswellNat 1313, 1992 CarswellNat 649, [1992] 1 S.C.R. 3, [1992] 2 W.W.R. 193... affirmative regulatory duty relating to proposal — Federal government not necessarily being sole decision-making authority — Guidelines Order creating super-added duty attaching to any other statutory power residing in ministers — Court accepting generally held definition of environment and not confining concept to biophysical environment — Guidelines Order requiring broad interpretation in compliance with objective of making environmental impact assessment an essential component of federal decision-making — Minister of Transport having affirmative regulatory duty regarding project but Minister of Fisheries having only discretionary duty — Supreme Court of Canada granting application only against Minister of Transport. Fish and game — Legislation — Interpretation — Province obtaining approval to build dam on river from federal Minister of Transport under s. 5 of Navigable Waters Protection Act — Society applying for certiorari and mandamus to compel transport and fisheries ministers to comply with federal Guidelines Order under Department of Environment Act — Guidelines Order applying to project where federal government having statutory, affirmative regulatory duty relating to proposal — Federal government not necessarily being sole decision-making authority — Guidelines Order creating super- added duty attaching to any other statutory power residing in ministers — Court accepting generally held definition of environment and not confining concept to biophysical environment — Guidelines Order requiring broad interpretation in compliance with objective of making environmental impact assessment an essential component of federal decision- making — Minister of Transport having affirmative regulatory duty regarding project
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