The Limits Of Judicial Intervention Where An Administrative Decision Is Not Yet Complete

[...] absent exceptional circumstances, parties cannot proceed to the court system until the administrative process has run its course [Canada (Border Services Agency) v CB Powell Limited, 2010 FCA 61 at para 31, [2011] 2 FCR 332].

The recent federal court case of Northern Cross (Yukon) Limited v Canada (Attorney General), 2017 FC 622, 2017 CarswellNat 2962 [Northern Cross] reaffirms the general principle that courts will be hesitant to intervene where an administrative decision is not yet finalized.

Background

Northern Cross (Yukon) Limited ("Northern Cross") submitted a proposal to a designated office of the Yukon Environmental and Socio-economic Assessment Board (the "Board") for a multi-well exploration project in the Yukon. The designated office, after a lengthy and detailed process, referred the proposal to the Executive Committee of the Board for screening. The designated office did not make a final determination on the proposal. Instead, the proposal was