Gauthier v. Canada (Speaker of the House of Commons)

Gauthier v. Canada (Speaker of the House of Commons)
Court (s) Database
Federal Court of Appeal Decisions
Date
2004-01-21
Neutral citation
2004 FCA 27
File numbers
A-19-03
Decision Content
Date: 20040121
Docket: A-19-03
Citation: 2004 FCA 27
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
ROBERT GILLES GAUTHIER
c.o.b. as THE NATIONAL CAPITAL NEWS CANADA
Appellant
and
THE HONOURABLE PETER MILLIKEN M.P.
SPEAKER OF THE HOUSE OF COMMONS
Respondent
Heard at Ottawa (Ontario), on January 21, 2004.
Judgment delivered from the Bench at Ottawa (Ontario) on January 21, 2004.
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
Date: 20040121
Docket: A-19-03
Citation: 2004 FCA 27
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
ROBERT GILLES GAUTHIER
c.o.b. as THE NATIONAL CAPITAL NEWS CANADA
Appellant
and
THE HONOURABLE PETER MILLIKEN M.P.
SPEAKER OF THE HOUSE OF COMMONS
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa (Ontario) on January 21, 2004)
NADON J.A.
[1] We are all of the view that this appeal should be dismissed.
[2] Firstly, we are satisfied that the presiding member of the Competition Tribunal, Madam Justice Dawson, made no error in concluding that by reason of Parliament's privilege to control access to the House of Commons and its precincts, and to regulate its internal affairs, the Competition Tribunal was without jurisdiction to make the order sought by the appellant under s. 75 of the Competition Act.
[3] Secondly, we are also satisfied that the issues before us are res judicata. Specifically, in Gauthier v. Canada (Speaker of the House of Commons) (1994), 25 C.R.R. (2d) 286, the Ontario Court (General Division) decided the precise issue before us, i.e. whether the Speaker of the House could deny the appellant access to the facilities of the Press Gallery on the same terms as the members of the Canadian Parliamentary Press Gallery.
[4] For these reasons, this appeal will be dismissed with costs..
"M. Nadon"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-19-03
APPEAL FROM A DECISION OF DAWSON, J. OF THE COMPETITION TRIBUNAL DATED DECEMBER 13, 2002
STYLE OF CAUSE: Robert Gilles Gauthier v. Peter Milliken M.P.
PLACE OF HEARING: Ottawa
DATE OF HEARING: January 21, 2004
REASONS FOR JUDGMENT OF THE COURT: Desjardins, Nadon, Pelletier JJ.A.
DELIVERED FROM THE BENCH BY: Nadon J.A.
APPEARANCES:
Mr. Terrance Green
Ms. Anne Vespry
FOR THE APPELLANT
Mr. Steven Chaplin
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Terrance J. Green, Barrister & Solicitor
Ottawa, Ontario
FOR THE APPELLANT
Office of the Law Clerk and Parliamentary Counsel, Ottawa, Ontario
FOR THE RESPONDENT