This case was heard in the Federal Court of Appeal.
Sandy Pond Alliance to Protect Canadian Waters Inc. (“SPA”) applied for judicial review of certain provisions in the federal Metal Mining Effluent Regulations, which it argued were contrary to the federal Fisheries Act (1985) and were therefore unlawful. Subsequently, Vale Inco Ltd. (“Vale”), the Mining Association of Canada (“MAC”), and the Mining Association of British Columbia (“MABC”) all applied for intervenor status in the case. The SPA indicated that it did not object to the applicants being granted intervenor status, but it asked for a number of restrictions to be placed on them if the Court chose to allow their application.
The Court held that all three applicants should be granted intervenor status, and it attached certain restrictions to that status, including restrictions on the number of affidavits they could place before the court and on their right to cross-examine the SPA’s own witnesses.
Vale, the MAC, and the MABC appealed to the Federal Court of Appeal, arguing that the lower court had erred in imposing such restrictions upon them. After consideration, the Court held that restrictions upon the intervenors’ ability to submit affidavits and cross-examine witnesses were too limiting, and it adjusted the restrictions accordingly.
To read related decisions, go to Sandy Pond Alliance to Protect Canadian Waters Inc. v. Canada, 2011 FC 158 (CanLII) and Sandy Pond Alliance to Protect Canadian Waters Inc. v. Canada, 2013 FC 1112 (CanLII).