Brooke v. Canada ( Deputy Commissioner, RCMP )
A-840-90 / A-841-90 / A-842-90
Mahoney J.A.
17/3/93
8 pp.
Application to set aside decision denying members of RCMP's Special Emergency Response Team (SERT) standby compensation based on conclusion officer in charge lacked authority to place SERT members on standby because not "Commanding Officer" as defined in RCMP Administration Manual, and not on standby as term properly understood -- SERT constituted of two teams, one of which required to be available for immediate action at all times -- Claim for standby compensation relating to immediate availability -- Application allowed -- Member on standby when ordered to be on standby, as was case here -- Not for member to question decision, but to obey orders -- Lack of authority of officer ordering standby resulting in illegal order, not nullity -- Recourse not to deny compensation to those obeying order without any right to question orders before incurring disadvantages entitling them to compensation -- Court lacking jurisdiction to award interest in disposing of application for judicial review -- No "special reason" for award of costs within R. 1312 -- Federal Court Act, R.S.C., 1985, c. F-7, ss. 28, 52(d) -- Federal Court Rules, C.R.C., c. 663, R. 1312.