Can a decision made on grounds of public policy be characterized as a ministerial decision?
British Columbia, Canada
The following excerpt is from Da’naxda’xw/Awaetlala First Nation v. British Columbia (Environment), 2011 BCSC 620 (CanLII):
Assuming that the legislative exception does not apply, the decision here can be characterized as a ministerial decision made on grounds of public policy. It was a decision made under the Minister’s statutory authority to manage the conservancy and apparently in accordance with the 2010 Protected Area Policy. A purely ministerial decision made on broad grounds of public policy will not typically afford procedural protection: see Martineau v. Matsqui Institution, 1979 CanLII 184 (SCC), [1980] 1 S.C.R. 602. However, the decision affected the individual interests of the Petitioners.
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