Alberta Wilderness Assn. v. Express Pipelines Ltd.
A-494-96 / A-586-96 / 96-A-32
Hugessen J.A.
24/7/96
8 pp.
Application for judicial review of report released by review panel charged with assessment under Canadian Environmental Assessment Act of proposed underground crude oil pipeline in Alberta-Similar application with respect to same report launched in F.C.T.D.-Application for leave to appeal decision of National Energy Board granting certificate of convenience and necessity with respect to proposed pipeline-All three applications consolidated, heard together-Where panel report and subsequent action by responsible authority attacked, those attacks should if possible be heard together and in same Court Division-Where responsible authority listed in Federal Court Act, s. 28, judicial review should be started in or transferred to Appeal Division-Where responsible authority one whose decisions appealable to Court and judicial review thereof consequently limited by terms of Federal Court Act, s. 18.5, preferred route should be application for leave to appeal-Panel not improperly restricting consideration of "upstream" cumulative effects of project-Panel members not disqualified for bias or partiality where also NEB members-Majority of applicants' submissions failing to raise questions of law or jurisdiction but simply attack on quality of evidence before panel and correctness of conclusions majority drew from evidence-Principal criterion set by statute "significance" of environmental effects of project-Panel conducting full, thorough environmental assessment-Decision made on basis of full information and informed advice-Applications dismissed-Canadian Environmental Assessment Act, S.C. 1992, c. 37-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.5 (as enacted by S.C. 1990, c. 8, s. 5), 28 (as am. idem, s. 8; S.C. 1992, c. 26, s. 17, c. 49, s. 128).