In what circumstances will a Minister of Natural Resources be allowed to bring an application for judicial review?
Ontario, Canada
The following excerpt is from Certified General Accountants Association of Canada v. Canadian Public Accountability Board, 2008 CanLII 1536 (ON SCDC):
In Keewatin v. Ontario (Minister of Natural Resources), 2003 CanLII 43991, [2003] O.J. No. 2937, 66 O.R. (3d) 370 (Div. Ct.) Mr. Justice Then quashed an application for judicial review with leave to bring an action where the issues raised could only be properly and adequately adjudicated on the basis of evidence tendered at trial. More importantly, Mr. Justice Then found that essentially the ministerial decision questioned by the applicants could not be characterized as a statutory power of decision but rather was a question of constitutional validity of the legislation in question.
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