Dr. Ray Copes

The Registrar appealed a Licence Appeals Tribunal decision setting aside a proposal to revoke the respondent's crematorium operator licence.

The respondent used a low-temperature alkaline hydrolysis process, which the Registrar argued posed a public health risk due to potential failure to destroy prions.

The Divisional Court dismissed the appeal, finding the Tribunal reasonably concluded the Registrar failed to establish reasonable grounds to believe the process created a risk to public health and safety.

The Court also found the Tribunal did not err in its application of the precautionary principle or in declining to impose further licence conditions.

The Registrar brought a motion to stay a decision of the License Appeal Tribunal that set aside the Registrar's proposal to revoke and immediately suspend the respondent's crematorium license.

The respondent operated a low-temperature alkaline hydrolysis machine, which the Registrar argued posed a risk to public health due to uncertainty about its ability to destroy prions in the effluent.

The Divisional Court applied the RJR-MacDonald test and found that the appeal raised serious issues of law regarding the standard of risk assessment and the precautionary principle.

Concluding that the potential risk to public health constituted irreparable harm that outweighed the respondent's financial losses, the court granted the stay pending the disposition of the appeal.