Arthur v. Canada ( Attorney General )
A-333-99
Létourneau J.A.
23/12/99
14 pp.
Application for judicial review of CRTC decision on ground decision caused plaintiff serious harm, attached unjustified blame to him, injuring reputation, infringed freedom of speech and limited right to work, and taken in absence of applicant and without his being given opportunity to be heard-Respondent responded by asking Court to strike proceeding initiated by applicant-Further alleged applicant's action moot and futile as applicant no longer working for licensee, CKVL, concerning whom CRTC decision regarding renewal of licence rendered-Action moot where decision of Court hearing matter will not have effect of resolving issue which has or may have consequences for rights of parties-There must therefore be specific legal issue or dispute-Based on these principles, respondent right regarding second conclusion sought by applicant-So far as first conclusion concerned, not possible to conclude issue futile and applicant did not have interest required by Federal Court Act, s. 18.1 to challenge CRTC decision-Whether applicant's action proper procedure-Federal Court Act, s. 28(1)(c) recognizing Federal Court of Appeal's jurisdiction to hear and determine applications for judicial review made in respect of CRTC-However, s. 18.5 prohibiting use of procedure to challenge decision or order of federal board, commission or other tribunal when latter may be appealed-Respondent argued Broadcasting Act, s. 31 conferred right of appeal on question of jurisdiction or law-Person directly affected by decision of federal board, commission or other tribunal, rendered at conclusion of proceedings to which not party, and thus having no right of appeal, may use judicial review to challenge legality of decision-In case at bar applicant not party to proceedings before CRTC and did not have right of appeal from decision-Respondent's motion to strike dismissed and application for judicial review must take normal course on sole question of whether rules of procedural fairness infringed in case at bar-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.1 (as enacted by S.C. 1990, c. 8 s. 5), 18.5 (as enacted idem), 28(1)(c)-Broadcasting Act, S.C. 1991, c. 11, s. 31.