Delisle v. Canada ( RCMP Commissioner )
T-795-93
Noël J.
13/5/93
4 pp.
Motion to dismiss application for judicial review on ground does not comply with R. 1602(2) and (4) -- Alleged inter alia two applicants did not have legal standing to bring action on behalf of others and Federal Court Act, s. 18.1 cannot be used as class action to obtain remedy for third parties-Under Royal Canadian Mounted Police Act, s. 5, RCMP Commissioner has full control of RCMP and all matters connected therewith -- Not exercising or refusing to exercise any jurisdiction by not reimbursing members of "C" Division for meal allowances to which pretended to be entitled -- Commissioner not acting as "federal board, commission or other tribunal" -- R. 1602 not worded in such a way as would in effect permit class action to obtain remedy for third parties -- Application for judicial review must be limited to simple order or decision -- Application for dismissal allowed -- Federal Court Rules, C.R.C., c. 663, R. 1602(2),(4) (as enacted by SOR/92-43, s. 19) -- Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, ss. 5, 22(1) -- Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C. 1990, c. 8, s. 5).