Friends of the Oldman River Society v. Canada ( Minister of Environment )
T-101-93
Muldoon J.
19/2/93
9 pp.
Environmental group moving against Federal Ministers for judicial review, interim relief -- R. 324 application by Queen in Right of Alberta for party status -- Impossible as provincial Crown not "federal board, commission or tribunal" -- Reference to legal dictionaries as to meaning of "implead" -- Review of F.C.A., S.C.C. case law holding F.C. lacking jurisdiction over Crown in right of province -- Jurisdiction not to be extended beyond statutory limits for sake of convenience -- If parties oblivious to binding case law, Judge having to act ex mero motu -- Whether F.C.A. panel in Friends of the Oldman River Society v. Canada (Minister of Transport), [1990] 2 F.C. 18, acting in defiance or ignorance of S.C.C. decision in Union Oil Co. of Canada Ltd. v. R. in right of Canada, [1972] 2 S.C.R. v (note (1977) 72 D.L.R. (3d) 82) in holding Court having jurisdiction over Queen in Right of Alberta -- F.C. case law holding party over whom Court lacking jurisdiction not to be "slipped in" amongst others over whom Court having jurisdiction -- F.C.A. having duty faithfully to follow S.C.C. decisions -- New R. 1602(3) ineffectual to permit impleading of provincial Crown -- Application granted on condition A.G. for Alberta ex officio give Her Majesty's solemn written undertaking under Great Seal of Alberta to be bound by Court decision to pay any costs awarded against Alberta, comply with any Court orders -- In alternative, Alberta might have intervener status upon general conditions of exigibility to costs, with rights to cross-examine deponents, file depositions, participate at hearings, appeal eo nomine -- Federal Court Rules, C.R.C., c. 663, RR. 324, 1602 (as enacted by SOR/92-42, s. 19).