The applicant First Nation sought judicial review of a decision by the Minister of Environment and Climate Change declining to designate a proposed sand extraction project for a federal environmental assessment under the Canadian Environmental Assessment Act, 2012.
The applicant argued the Minister failed to adequately consider groundwater depletion, cumulative effects, and unreasonably relied on provincial regulatory processes and an assumption that Manitoba would properly consult.
The Federal Court dismissed the application, finding the Minister reasonably exercised her discretion under s. 14(2).
The Court held the Minister's reliance on the provincial environmental assessment and mitigation measures was justified, and the applicant failed to prove the Minister's decision was unreasonable or that the honour of the Crown required the Minister to investigate the adequacy of Manitoba's separate consultation process before making the threshold designation decision.
