Can a Minister of Forests make controversial decisions?
British Columbia, Canada
The following excerpt is from Council of the Haida Nation v British Columbia (Forests, Lands, Natural Resource Operations and Rural Development), 2018 BCSC 1117 (CanLII):
In the implementation of government policy, ministers, and their delegates are often required to make decisions that may be, in a political sense, controversial. As was stated by Esson C.J.S.C. in Canadian Pacific Forest Products v. British Columbia (Minister of Forests), [1993] B.C.J. No. 1152 (S.C.) at 264-5: …The Forest Act confers upon the Minister many powers and the obligation to make many decisions. They necessarily involve the balancing of conflicting interests and conflicting policies. Almost any major decision is, in present circumstances, bound to adversely affect the interests of someone. Inevitably, some will feel, perhaps with good reason, that they have not been fairly dealt with. That does not make such decisions subject to judicial review.
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