Coastal First Nations - Great Bear Initiative Society v. British Columbia (Minister of Environment)

摘要

In the result, first I am satisfied that the public interest test has been met and that the issues in this case involve matters that are "truly exceptional" and of "significant and widespread societal impact". Second, I am satisfied that the petitioners have no personal, proprietary or pecuniary interest in the litigation sufficient to bar their claim for public interest special costs. The petitioners represent a significant segment of the BC and central coast population, all of whom have a interest in the Province meeting its obligation to them to do all it can to protect the environment, while advancing the economic interests of the Province. Further, the issues raised here regarding the Provincial Crown's duty to consult transcend these specific litigants' Aboriginal rights and are of significance in assisting with defining such duty beyond this case. Third, I am satisfied that the petitioners would not have been able to pursue this litigation with private funds and therefore both respondents are jointly and severally liable for the petitioners' special costs, limited to the capped amount of $230,000.