In a recent favourable outcome the British Columbia (BC) Court of Appeal affirmed the rights of applicants for judicial review to receive the complete record of a proceeding. Mélanie Power and Ryan Bernard of Dentons Canada LLP acted on behalf of the respondents, who successfully resisted the province’s appeal on all but one limited issue. In British Columbia (Lieutenant Governor in Council) v. Canada Mink Breeders Association, 2023 BCCA 310, the Court of Appeal confirmed that the documents to be produced by the province on an application for judicial review of a cabinet decision are all those that were directly before cabinet. The decision is particularly relevant to those operating in regulated industries, because regulatory changes are often determined by Cabinet, by way of regulatory amendments. Litigants will be able to point to this decision to challenge the disclosure made by decision makers going forward to ensure the complete record is produced, and as a basis for further disclosure arising from that record if needed.
We provide the highlights and key takeaways of the decision here.