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, would they please advise us as soon possible.  If not, they should come prepared to argue the issue of mootness as a preliminary question.

The Federal Court of Appeal is scheduled to hear oral arguments on Monday, January 25, 2016 in Vancouver on Canada’s appeal of a Federal Court decision declining to dismiss the application for judicial review on grounds of justiciability and jurisdiction. As of January 19, neither party has indicated that it considers the appeal to be moot.