In The Supreme Court Of The Northwest Territories Between: Mackenzie Valley Environmental Impact Review Board – and – Tlicho Government

REASONS FOR JUDGMENT

[1] On June 12, 2006, the MacKenzie Valley Environmental Impact Review Board (“the Review Board”) ordered that an Environmental Impact Review (“EIR”) be conducted of a proposal for development presented by De Beers Canada Inc. (“De Beers”). This Order was made pursuant to section 128(1)(c) of the MacKenzie Valley Resource Management Act S.C. 1998, c. 25 (“the Act”). De Beers now applies for judicial review of this Order. De Beers says that the Order should be quashed for a number of reasons.

[2] The Review Board has presented submissions to explain its practices and procedures and the record of this application. It has also presented submissions about the applicable standard of review. The Tlicho Government has intervened and has presented submissions supporting the process followed by the Review Board and its decision.

[3] The Record filed on this application consists of 3 volumes of materials filed on October 4, 2006 and a Supplementary Record filed on November 7, 2006. These materials are voluminous and provide a lot of details about the process followed by the Review Board in this case, as well as some of the processes it followed in other cases.

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