Case information

Administrative law — Judicial Review — Environmental assessment — Health — Scope of principle of responsive justification of decision making — Standard against which principle is to be measured — Whether target of justification can be members of the public whose lives and health are put at risk or is only a particular individual whose rights are affected — Whether all statutory decisions including by the Governor in Council are subject to the principle — Extent to which reasons for decisions that will result in severe consequences must reflect stakes to individuals affected — Whether reasons must show decision maker meaningfully took into account severe consequences and explained why severe consequences are justified?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

Canadian National Railway Company proposes to build and operate a container transfer facility in Milton, Ontario. Following an environmental assessment review process under the Canadian Environmental Assessment Act, 2012, S.C. 2012, c. 19, s. 52, the Minister of the Environment and Climate Change identified six significant adverse environmental effects and referred them to the Governor in Council to consider whether they are justified in the circumstances. The Governor in Council issued an Order in Council setting out that the significant adverse environmental effects are justified in the circumstances. The Federal Court allowed applications for judicial review of the Minister’s decision and the Order in Council. The Federal Court of Appeal allowed an appeal and dismissed the applications for judicial review.