Late last week Northern Pulp Announced their request for a judicial review into the environment ministers’ decision to not extend the Boat Harbour Act.
We spoke with Brian Casey an experienced lawyer who has been involved in over 200 supreme court decisions in both the Supreme Court of Canada as well as many provincial Supreme Courts.
According to Casey, the judicial review process allows the courts to look at decisions made by legislators to ensure all proper procedures were followed. They also will ensure that the parties involved had access to all the relevant information in the decision-making process.
As far as what the potential outcomes of the case are Brian had this to say ” The court can overturn the decision, they can send it back for a new decision. They would do that id they failed to consider some piece of information or there was some sort of wrongdoing. Sometimes the judge can make the new decision that the judge concludes should have been made in the first place.”
Northern Pulp will still have to abide by the January 31st deadline as the judicial review process does not suspend the government’s original decision.
Should the court rule in favour of the government it doesn’t mean Northern Pulp are out of options. They would still be able to challenge the ruling with the Supreme Court of Canada.
