Senate Vacancies

On January 22, 2016, both the Appellants (Prime Minister and Governor General) and Respondent (Aniz Alani) responded to the Federal Court of Appeal’s inquiry as to whether the Government’s announcement of an independent commission to advise on Senate appointments made the appeal moot. The Respondent provided a letter outlining arguments (to be presented on Monday, January 25) as to why the case was not moot and should still be heard. The Appellants also provided a letter indicating that, in their view,…

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On January 19, 2016, the presiding judge of the Federal Court of Appeal issued the following Direction to the parties: The Court indicates that the parties be asked if the appeal is not made moot by the Minister’s January 19, 2016 announcement with respect to the establishment of an independent commission to advise the Government on Senate appointments, together with the Government’s undertaking to fill the current vacancies within the calendar year.  If they agree that the matter has become moot,…

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The Federal Court of Appeal will hear oral arguments on January 25, 2016 regarding Canada’s appeal of the decision of the Federal Court (Harrington J.) declining to dismiss the application for judicial review concerning the filling of Senate vacancies. Canada argues that the Federal Court erred in not concluding that it is “plain and obvious” that the case has no chance of success. In response, Mr. Alani argues that the government’s unsuccessful motion to strike and the delay that resulted…

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On November 10, 2015, the Federal Court ordered that the hearing of the application for judicial review scheduled for December 9 and 10, 2015 be postponed pending the resolution of the Government’s appeal of the Court’s May 21, 2015 decision declining to dismiss the application. The Government’s appeal is currently before the Federal Court of Appeal. A hearing date for the appeal has not yet been scheduled. In its appeal, the Government argues that the Federal Court erred by not…

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On October 21, 2015, the Federal Court ordered that the application for judicial review be heard in Vancouver beginning December 9, 2015 at 9:30am for up to two days. A case management conference will be held on October 22, 2015 at 10:00am. A hearing date has not yet been set for the government’s appeal of the Federal Court’s decision declining to strike the application.

On September 21, 2015, the Department of Justice on behalf of the Respondents Prime Minister of Canada, Governor General of Canada, and Queen’s Privy Council for Canada served the Respondents’ Record in response to the application for judicial review concerning the Prime Minister’s apparent refusal to fill Senate vacancies. The government’s written argument, or Memorandum of Fact and Law, is available for download in English here. The remainder of the Respondents’ Record also consists of a formal copy of the…

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On August 31, 2015, the Applicant served a copy of the formal Application Record that will be before the Federal Court in support of the judicial review application concerning the legality of the Prime Minister’s refusal to appoint Senators to fill Senate vacancies. Links to the materials are included below. The Applicant’s Record consists of: Applicant’s Record [full download: 6MB] Amended Notice of Application Affidavit of Aniz Alani (June 23, 2015) Transcript of Cross-Examination of Christopher Manfredi Applicant’s Memorandum of…

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On August 27, 2015, the Memorandum of Fact and Law (written argument) of the Respondent, Aniz Alani, was served in response to Canada’s appeal of the Federal Court’s refusal to dismiss the application for judicial review concerning Senate vacancies. A PDF copy of Mr. Alani’s written argument is available for download. Canada’s written argument is also available. The Reasons for Order and Order of Justice Harrington that is the subject of the appeal before the Federal Court of Appeal is…

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On August 10, 2015, counsel for the Respondents cross-examined Aniz Alani, the Applicant, on his affidavit tendered in support of the judicial review application. A transcript of the cross-examination is now available for download (1MB PDF). A copy of the affidavit of Aniz Alani, referenced throughout the cross-examination, is available here.

On August 6, 2015, Prof. Christopher Manfredi was cross-examined on his affidavit tendered in support of Canada’s response to the application for judicial review concerning the legality of Prime Minister Stephen Harper’s apparent refusal to fill Senate vacancies. A copy of the transcript of the cross-examination is now available for download here. Prof. Manfredi’s affidavit, which is referred to extensively during the cross-examination, is also available for download here. The transcript includes but is not limited to questioning regarding: The…

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