A-23-80
Jacques Duguay, official agent of Rodrigue
Chocolat Tremblay, a candidate in the federal
general election of May 22, 1979 in the electoral
district of St-Denis (Applicant)
v.
Eliane Renaud, returning officer for the electoral
district of St-Denis (Respondent)
Court of Appeal, Pratte J. and Hyde and Lalande
D.JJ.—Montreal, February 8, 1980.
Judicial review — Jurisdiction — Application to summarily
dismiss application for judicial review — Elections — Judicial
review sought of decision of judge made pursuant to Canada
Elections Act — Issue going to jurisdiction of Court of
whether or not judge was acting in capacity as judge or as
persona designata — Doubts as to answer — Application
dismissed — Canada Elections Act, R.S.C. 1970 (1st Supp.), c.
14, s. 63(14) — Federal Court Act, R.S.C. 1970 (2nd Supp.), c.
10, ss. 2, 28 — Federal Court Rule 1100.
APPLICATION for judicial review.
COUNSEL:
G. Moreau for applicant.
J. M. Charbonneau for respondent.
SOLICITORS:
Michon, Moss, Moreau, Robillard, Montreal,
for applicant.
Roy & Charbonneau, Montreal, for respond
ent.
The following is the English version of the
reasons for judgment of the Court delivered orally
by
PRATTE J.: By this application pursuant to Rule
1100 of the Federal Court Rules, respondent is
asking the Court to summarily dismiss an applica
tion made by applicant pursuant to section 28.
The only argument raised by respondent is that
the Court lacks jurisdiction to hear applicant's
application. Specifically, respondent maintained
that the decision challenged by applicant is not one
subject to review by this Court, because it is not a
decision of a "federal board, commission or other
tribunal" within the meaning of section 2 of the
Federal Court Act, R.S.C. 1970 (2nd Supp.),
c. 10.
The decision in question was rendered by the
honourable Associate Chief Justice of the Superior
Court in Montreal pursuant to section 63(14) of
the Canada Elections Act, R.S.C. 1970 (1st
Supp.), c. 14. The question before the Court is
whether, in making this decision, the Associate
Chief Justice was acting in his capacity as a judge
or as "persona designata".
We have strong doubts as to the answer that
should be given to this question. In those circum
stances, as an application like the one at bar
should only be allowed if the Court is persuaded
that it lacks jurisdiction, we have concluded that
respondent's application must be dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.