Doell v. Canada

Doell v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2016-09-21
Neutral citation
2016 FCA 235
File numbers
A-470-15
Decision Content
Date: 20160921
Docket: A-470-15
Citation: 2016 FCA 235
CORAM:
GAUTHIER J.A.
STRATAS J.A.
GLEASON J.A.
BETWEEN:
CAITLIN DOELL
Appellant
and
HER MAJESTY THE QUEEN
HER MAJESTY THE QUEEN IN COUNCIL
THE RECEIVER GENERAL
THE ATTORNEY GENERAL
THE FEDERAL FINANCE MINISTER
Respondents
Heard at Vancouver, British Columbia, on September 21, 2016.
Judgment delivered from the Bench at Vancouver, British Columbia, on September 21, 2016.
REASONS FOR JUDGMENT OF THE COURT BY:
STRATAS J.A.
Date: 20160921
Docket: A-470-15
Citation: 2016 FCA 235
CORAM:
GAUTHIER J.A.
STRATAS J.A.
GLEASON J.A.
BETWEEN:
CAITLIN DOELL
Appellant
and
HER MAJESTY THE QUEEN
HER MAJESTY THE QUEEN IN COUNCIL
THE RECEIVER GENERAL
THE ATTORNEY GENERAL
THE FEDERAL FINANCE MINISTER
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on September 21, 2016).
STRATAS J.A.
[1] By order dated September 4, 2015, the Federal Court (per Lafrenière P.) struck out the appellant’s statement of claim. The Federal Court held that the statement of claim did not advance a viable cause of action. The appellant appealed under Rule 51. By order dated October 19, 2015, the Federal Court (per Zinn J.) dismissed the appeal. The appellant now appeals to this Court.
[2] We agree with both sets of reasons in the Federal Court. Both accurately characterized the appellant’s claim as one for a right not to work and to be afforded an adequate standard of living based on her status as a person born in Canada and based on several documents of a constitutional, international and legislative nature. In this Court, the appellant submits that a more accurate characterization is that she owns a share of the Consolidated Revenue Fund and it should be awarded to her. Under either characterization, this claim cannot succeed in law. Therefore, we shall dismiss the appeal.
[3] At the conclusion of the hearing, we invited submissions from the parties on the issue of costs. We have considered those submissions.
[4] Considering that this is the second appeal in a matter that has been adjudged twice before to be wholly without merit—and the same is true for this appeal—we shall also award the respondents their costs of this appeal, fixed in the amount of $2,600, all inclusive.
"David Stratas"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-470-15
APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN OF THE FEDERAL COURT, DATED OCTOBER 19, 2015, DOCKET NO. T-1338-15
STYLE OF CAUSE:
CAITLIN DOELL v. HER MAJESTY THE QUEEN, HER MAJESTY THE QUEEN IN COUNCIL, THE RECEIVER GENERAL, THE ATTORNEY GENERAL, THE FEDERAL FINANCE MINISTER
PLACE OF HEARING:
VANCOUVER, BRITISH COLUMBIA
DATE OF HEARING:
September 21, 2016
REASONS FOR JUDGMENT OF THE COURT BY:
GAUTHIER J.A.
STRATAS J.A.
GLEASON J.A.
DELIVERED FROM THE BENCH BY:
STRATAS J.A.
APPEARANCES:
Caitlin Doell
on her own behalf
Jan Verspoor
For The Respondents
SOLICITORS OF RECORD:
William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
For The Respondents