ARMED FORCES
Appeal from Federal Court judgment (2007 FC 104) allowing appeal from order dismissing respondent’s application for remedy under Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 24—Whether Chief of Defence Staff “court of competent jurisdiction” within meaning of s. 24 for purpose of granting monetary remedy to member of Canadian Forces alleging Charter rights violation—Regardless of applicable area of law, tribunal can be “competent” for purpose of granting remedy under Charter, s. 24, even if enabling legislation does not explicitly grant it power, remedy claimed not “type” of remedy provided by enabling legislation—Trial Judge correct in refusing to strike statement of claim—Appeal dismissed.
Bernath v. Canada (A-77-07, 2007 FCA 400, Décary J.A., judgment dated 13/12/07, 7 pp.)