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ARTICLE · 09 OCTOBER 2014

Port Authority biased in approving coal port?

Ecojustice filed an application for judicial review of the Vancouver Fraser Port Authority’s decision to permit a coal transfer facility.

CanadaEnvironment

This month, Ecojustice filed an  application for judicial review of the Vancouver Fraser Port Authority's decision to permit a coal transfer facility. They claim that the Port Authority failed to consider some environmental effects, including climate change, and that the decision of the Port and its officers and staff was affected by bias.

Bias is a serious allegation. As our Supreme Court said in Roberts v. R, 2003 SCC 45: "public confidence in our legal system is rooted in the fundamental belief that those who adjudicate in law must always do so without bias or prejudice and must be perceived to do so." Without fair, impartial decision-makers, our legal system cannot function. Perhaps the Port Authority should not have permitted the coal facility, but was it "biased"?

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