ENVIRONMENT |
Nanoose Conversion Campaign v. Canada (Minister of Environment)
A-26-98
Linden J.A.
6/6/00
5 pp.
Appeal from Motions Judge's decision holding no reviewable error made by Minister in exercising discretion pursuant to Canadian Environmental Protection Act (CEPA), s. 109 to discontinue investigation concerning certain wastes (debris consisting of copper wire, dead weights, sonobuoy hardware and lithium batteries) from Canadian and U.S. warships testing torpedoes in Straight of Georgia--Appeal dismissed--Motions Judge correct in deciding open to Minister to find loss of above-mentioned debris not dumping, but only incidental to or derived from normal operations of warship--Appellant wrong in arguing exception concerning "normal operations of a ship" limited to discharge arising from vessel-source pollution of ship, such as galley wastes, bilge water, ballast, cleaning operations and machinery leaks--Plural form of "operations" indicating disposal can be not only vessel source disposal but also from other operations taking place on ship--No inconsistency between this interpretation and objectives of international convention on prevention of marine pollution, nor with interpretation of U.S. legislation adopted pursuant to international convention --Application of CEPA to Crown not altering meaning of legislation: all ships subject to CEPA, including those belonging to Crown, but only if operations violate terms of legislation, which has not occurred herein--Canadian Environmental Protection Act, S.C. 1999, c. 33, s. 109.