GREY:VITFF - Post by User
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phoenix_traderon Oct 01, 2022 8:30am
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Post# 34999148
Yukon Court about the conduct of the Water Board
Yukon Court about the conduct of the Water Board I agree that the Water Board’s approach is overly adversarial.
[13] Although the Water Board claimed to take no position, its submissions amounted to clear opposition to the application. It sought to take on the role it believed Yukon or Na-cho Nyk Dun should have played. In doing so, it overstepped its mark and became too partisan.
[14] This can be seen not only in the Water Board’s positions, but also in some of its arguments. For instance, the Water Board suggested that if Victoria Gold were denied the stay application, it would likely have “incentive” to comply with its water licence and compliance would put it “in better standing” with the Water Board. This is exactly the form of advocacy the Supreme Court of Canada warned could lead to concerns about lack of impartiality in Ontario (Energy Board). 5
[15] To his credit, counsel to the Water Board took responsibility for the tone of the written submissions, stating that they were his words. However, it is also the Water Board’s general approach that is problematic. The Water Board must be careful: it is not an adversarial party and should not act like one.