Babineau v. Canada (Governor General)
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Babineau v. Canada (Governor General) Court (s) Database Federal Court of Appeal Decisions Date 2003-02-21 Neutral citation 2003 FCA 97 File numbers A-216-01 Decision Content Date: 20030221 Docket: A-216-01 Neutral citation: 2003 FCA 97 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: GUY BABINEAU Appellant - and - THE GOVERNOR GENERAL OF CANADA and ATTORNEY GENERAL OF CANADA Respondents Heard at Toronto, Ontario, on Thursday February 20, 2003. Judgment delivered at Toronto, Ontario, on Friday, February 21, 2003. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: DESJARDINS J.A. DÉCARY J.A. Date: 20030221 Docket: A-216-01 Neutral citation: 2003 FCA 97 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: GUY BABINEAU Appellant - and - THE GOVERNOR GENERAL OF CANADA and ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] This appeal is against a decision of Gibson J. who dismissed the appellant's action in File No. T-2370-00. The action was dismissed pursuant to Rule 221 of the Federal Court Rules, 1998 as disclosing no reasonable cause of action. In dismissing the action, the learned judge gave two reasons. [2] First, he was of the view that the matter raised in the action was moot because the Governor General had accepted the Prime Minister's advice to dissolve Parliament, Parliament had been dissolved and the election had been held. He obviously saw no public interest in pursuing the matter. [3] Second, the Governor Genera…
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Babineau v. Canada (Governor General) Court (s) Database Federal Court of Appeal Decisions Date 2003-02-21 Neutral citation 2003 FCA 97 File numbers A-216-01 Decision Content Date: 20030221 Docket: A-216-01 Neutral citation: 2003 FCA 97 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: GUY BABINEAU Appellant - and - THE GOVERNOR GENERAL OF CANADA and ATTORNEY GENERAL OF CANADA Respondents Heard at Toronto, Ontario, on Thursday February 20, 2003. Judgment delivered at Toronto, Ontario, on Friday, February 21, 2003. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: DESJARDINS J.A. DÉCARY J.A. Date: 20030221 Docket: A-216-01 Neutral citation: 2003 FCA 97 CORAM: DESJARDINS J.A. DÉCARY J.A. LÉTOURNEAU J.A. BETWEEN: GUY BABINEAU Appellant - and - THE GOVERNOR GENERAL OF CANADA and ATTORNEY GENERAL OF CANADA Respondents REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] This appeal is against a decision of Gibson J. who dismissed the appellant's action in File No. T-2370-00. The action was dismissed pursuant to Rule 221 of the Federal Court Rules, 1998 as disclosing no reasonable cause of action. In dismissing the action, the learned judge gave two reasons. [2] First, he was of the view that the matter raised in the action was moot because the Governor General had accepted the Prime Minister's advice to dissolve Parliament, Parliament had been dissolved and the election had been held. He obviously saw no public interest in pursuing the matter. [3] Second, the Governor General in dissolving Parliament exercised a constitutional responsibility whether by virtue of a prerogative or by virtue of the Canadian constitution. The Court had no authority to intervene by way of the action commenced by the appellant to require the Governor General to dismiss the government in the face of the will of the people expressed in the election. [4] I have not been convinced that Gibson J. erred in coming to the conclusion that he did. I would dismiss the appeal with costs. "Gilles Létourneau" J.A. "I agree Alice Desjardins" J.A. "I agree Robert Décary" J.A. FEDERAL COURT OF CANADA APPEAL DIVISION Names of Counsel and Solicitors of Record DOCKET: A-216-01 STYLE OF CAUSE: GUY BABINEAU Appellant - and - THE GOVERNOR GENERAL OF CANADA and ATTORNEY GENERAL OF CANADA Respondents PLACE OF HEARING:TORONTO, ONTARIO DATE OF HEARING: THURSDAY, FEBRUARY 20, 2003 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: DESJARDINS J.A. DÉCARY J.A. DATED: FRIDAY, FEBRUARY 21, 2003 APPEARANCES: Mr. Guy Babineau For the Appellant (on his own behalf) Mr. John McLaughlin Mr. Arnold Bornstein For the Respondents SOLICITORS OF RECORD: Mr. Guy Babineau Toronto, Ontario For the Appellant Morris Rosenberg Deputy Attorney General of Canada For the Respondents
Source: decisions.fca-caf.gc.ca