At issue in this decision was the extent of the mining
industry's participation rights as interveners in the challenge
of a law affecting their industry.
Vale Canada Limited (Vale Canada) and two mining organizations,
the Mining Association of Canada and the Mining Association of
British Columbia, were granted intervener status in a judicial
review proceeding commenced by Sandy Pond Alliance, a
not-for-profit entity. In the judicial review proceeding, Sandy
Pond Alliance seeks a declaration that Schedule 2 to the Metal
Mining Effluent Regulations (made pursuant to the
Fisheries Act) is unlawful and of no force and effect.
Vale Canada had been successful in having Sandy Pond Alliance added
to Schedule 2, with a view to using it as a tailings impoundment
area in connection with its operation of a nickel processing plant
in nearby Long Harbour, Newfoundland and Labrador. The interests of
the mining companies represented by the associations went far
beyond Sandy Pond Alliance.
Although the Federal Court granted Vale Canada and the
associations the intervener status they sought, the Court had
placed restrictions on their participatory rights. The interveners
were limited to one expert witness each and were denied the right
to cross examine the other parties' witnesses. In addition,
their right to appeal any final decision was made subject to the
discretion of the application judge.
The interveners appealed the Federal Court's decision,
seeking broader participation rights. The Federal Court of Appeal
agreed that broader participation was warranted, finding that the
Federal Court had failed to appreciate that the interveners could
be directly affected by the outcome of the judicial review, because
a successful challenge of the law would almost certainly be given
retroactive effect. The interveners were granted the right to two
expert witnesses each, as well as, the right to cross-examine other
parties' deponents. Whether the interveners would have a right
to appeal a final decision was left for the applications judge to
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Canada is a constitutional monarchy, a parliamentary democracy and a federation comprised of ten provinces and three territories. Canada's judiciary is independent of the legislative and executive branches of Government.
The Government of Alberta recently announced a number of policy changes that will impact the Alberta Electricity Market, composed of its generators, transmitters, distributors, retailers, electricity consumers and wholesale electricity market.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).