What is the test for challenging a decision made by a Minister of Forests?
British Columbia, Canada
The following excerpt is from Red Mountain Residents v. Simpson, 2001 BCSC 1142 (CanLII):
Such a challenge must be to the legality of a specific decision of series of decisions. In the implementation of government policy Ministers and their delegates are often required to make decisions that may be, in a political sense, controversial. This exercise was described in the context of the Forest Act in Canadian Pacific Forest Products v. British Columbia (Minister of Forests) (1993), 12 Admin. L.R. (2d) B.C.S.C. at 264-5 (per Esson, J.A.): 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. Inevitable, 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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