Pacific Booker Minerals Inc. v. British Columbia (Minister of the Environment)

摘要

Natural resources-Mines and minerals-Practice and procedure-Judicial review-Grounds for review-Errors of jurisdiction-For several years petitioner had been working towards obtaining environmental assessment certificate pursuant to Environmental Assessment Act to enable it to construct and operate mine adjacent to lake-Ministers received final assessment report from executive director of Environmental Assessment Office which concluded that although project would not result in any significant adverse effects with successful implementation of mitigation measures and conditions, executive director nevertheless recommended ministers refuse to issue certificate-Ministers refused to issue certificate-Petitioner brought application for judicial review-Petitioner entitled to certain specified relief on other grounds-Executive director's interpretation of authority given to him to make recommendations pursuant to s. 17(2) of Act was revealed by recommendations themselves-Executive director clearly took view that he was authorized to make recommendations that went beyond environmental assessment and were not limited merely to passing on assessment report to ministers-Executive director considered he was entitled to make recommendation against issuance of certificate even though environmental assessment report indicated that project, with successful mitigation measures, would have no significant adverse effects-Question that had to be answered was not whether that interpretation was correct, but whether it was reasonable-Standard of review by which court was to measure executive director's interpretation of his home statute led to consideration of whether it could be rationally supported, and in court's view it could.