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Federal Court dismisses constitutional challenge to unfilled Senate vacancies as moot

Federal Court dismisses constitutional challenge to unfilled Senate vacancies as moot

On October 13, 2016, the Federal Court (per O’Reilly J.) issued judgment and reasons in the application for judicial review concerning unfilled Senate vacancies. The Court concluded that the application was moot given that the current Prime Minister “has initiated a new process for appointing Senators, has actually made a number of appointments to the Senate, and has committed to making more appointments in the near future.” The Court declined to exercise its discretion to decide an otherwise moot case,…

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Full transcript from judicial review hearing available; court’s decision remains pending

Full transcript from judicial review hearing available; court’s decision remains pending

A full text transcript of the June 22, 2016 oral hearing before the Honourable Justice O’Reilly of the Federal Court in Vancouver in the judicial review application concerning the Prime Minister’s delay in filling Senate vacancies is now available for download. The Court’s decision on the merits of the application for judicial review, and the government’s motion to dismiss for mootness heard concurrently, has not yet been issued. A copy of the final judgment will be posted in this space…

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Federal Court reserves judgment in Senate vacancies case

Federal Court reserves judgment in Senate vacancies case

The Federal Court heard arguments on Wednesday, June 22, 2016 on the application for judicial review seeking a declaration that the Prime Minister must advise the Governor General to fill Senate vacancies within a reasonable time after they occur. Following the close of oral arguments, Justice O’Reilly took the decision under reserve. A copy of the resulting written judgment will be posted in this space once it becomes available.

Federal Court to hear challenge to prolonged Senate vacancies today

Federal Court to hear challenge to prolonged Senate vacancies today

Today the Federal Court will begin hearing oral arguments on whether the Prime Minister has an obligation to advise the Governor General to fill Senate vacancies within a reasonable time after they occur. The hearing will be held in Vancouver and has been scheduled for two days. Although subject to change, the Court registry advises that the Honourable Justice James W. O’Reilly will hear the application. The Federal Court in Vancouver is located at 701 West Georgia Street. Hearings are open…

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Response to Government’s Motion to Dismiss for Mootness

Response to Government’s Motion to Dismiss for Mootness

A formal response to the government’s motion to dismiss the judicial review application for mootness has been provided and is available at the links below. In summary, the applicant argues that the issue of whether the Prime Minister has an obligation to advise the Governor General to fill Senate vacancies within a reasonable time remains unresolved and remains relevant even in the absence of an explicit moratorium on Senate appointments, particularly in light of the 19 outstanding vacancies and compromised…

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Government argues for dismissal of “unquestionably moot” Senate vacancies challenge

Government argues for dismissal of “unquestionably moot” Senate vacancies challenge

On May 16, 2016, lawyers for the Prime Minister and Governor General filed a motion with the Federal Court to dismiss the judicial review application concerning the Prime Minister’s obligation to fill Senate vacancies within a reasonable time after they occur on grounds of mootness. Canada’s written argument states, in part, “…Mr . Alani sought to judicially review the former Prime Minister’s intentions with regard to Senate appointments, and that review became unquestionably moot when the new Prime Minister demonstrated…

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Open letter to Prime Minister urging accountability for Senate vacancies

Open letter to Prime Minister urging accountability for Senate vacancies

On March 1, 2016, an open letter to Prime Minister Justin Trudeau urged that he clarify his position on Senate vacancies and how it differs from that of his predecessor, former prime minister Stephen Harper. In particular, the letter proposes: If you agree with Mr. Harper’s position that it’s good public policy to defer to the Prime Minister’s sole discretion to determine if and when Senate vacancies are filled, explain why If you disagree, say so and do something about it….

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Federal Court to hear judicial review on Senate vacancies June 22-23

Federal Court to hear judicial review on Senate vacancies June 22-23

On February 11, 2016, the Federal Court issued a scheduling order fixing a two day hearing in Vancouver from June 22-23, 2016. At the discretion of the hearing judge, a motion by the Respondents (government) to dismiss the application for mootness will be heard together, or sequentially, with the application on its merits. A timeline for the production of the government’s motion record (May 16, 2016) and reply materials (June 1, 2016) has also been set. A copy of the order…

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Federal Court of Appeal’s Reasons for Judgment in Dismissal of Canada’s Appeal

Federal Court of Appeal’s Reasons for Judgment in Dismissal of Canada’s Appeal

On January 25, 2016, a three judge panel of the Federal Court of Appeal unanimously dismissed Canada’s appeal of the Federal Court’s refusal to summarily dismiss the application for judicial review concerning Senate vacancies. The Court issues brief oral reasons from the bench after hearing arguments the same day. A certified copy of the Court’s Reasons for Judgment is available here.

Federal Court of Appeal unanimously dismisses government’s appeal from the bench

Federal Court of Appeal unanimously dismisses government’s appeal from the bench

On January 25, 2016, a three judge panel of the Federal Court of Appeal (Pelletier, de Montigny and Gleason JJ.A) unanimously dismissed the federal government’s appeal of a Federal Court decision declining to dismiss the application for judicial review. In brief reasons provided orally from the Bench, the Court stated that it was not persuaded that the motions judge (Justice Sean Harrington) erred in finding that it was not plain and obvious that the application had no chance of success….

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