In what circumstances have the courts considered that a public interest group can challenge the underlying substantive decisions made by the regulatory authorities?
British Columbia, Canada
The following excerpt is from Sandhu v British Columbia (Police Complaint Commissioner), 2021 BCSC 2424 (CanLII):
In MiningWatch Canada v. Canada (Fisheries and Oceans), 2010 SCC 2 [MiningWatch], the petitioner was a public interest group that challenged the environmental assessment process followed for the approval of a mining project. However, neither the public interest group nor any of the affected parties challenged the underlying substantive decisions made by the regulatory authorities. The proponents of the project had complied with all of the environmental assessments that the regulatory authority had required of them and would have been prejudiced in having to redo the environmental assessments.
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