Ryan Ng

The applicants, a First Nation and its former Chief, brought an application under Rule 14.05(3)(d) and (h) seeking declaratory relief regarding the interpretation of the Environmental Assessment Act and the Crown's Duty to Consult and Accommodate.

The application arose in the context of the proposed Marten Falls Community Access Road in the Ring of Fire region.

The Superior Court of Justice dismissed the application, finding it lacked jurisdiction to rewrite legislation or provide a de facto reference on how the Crown should discharge its duty in the future without a live factual dispute.

The court held that the application did not raise a justiciable issue and was not properly brought under the Rules of Civil Procedure.

The appellant, Canada Christian College (CCC), appealed a Divisional Court decision that dismissed its application for judicial review.

CCC challenged the Minister of Training, Colleges and Universities' decision not to recommend proclamation of legislation that would grant CCC university status and degree-granting rights, following a negative recommendation from the Post-Secondary Education Quality Assessment Board.

The Court of Appeal affirmed the Divisional Court's findings, holding that the Minister's decision to refer CCC's application to the Board was within his authority (intra vires) and that his subsequent decision to delay proclamation was reasonable and not an unlawful attempt to override the Legislature's will.

The Court also found no breach of procedural fairness, clarifying the limits of ministerial discretion regarding legislative proclamation.

The appeal was dismissed with costs awarded to the respondents.