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 that his intentions are markedly different from those of his predecessor.”

A copy of Canada’s motion record containing its supporting affidavit material, written arguments, and copies of authorities relied upon is available for download using the links below.

Mr. Alani’s responding motion material is due to be served and filed by June 1, 2016. The Court is scheduled to hear oral arguments on the issue of mootness, either before or in parallel with the main application for judicial review, on June 22-23, 2016 in Vancouver, BC.

Motion Materials:

• Canada’s Motion Record, volume 1 of 2 [48MB]
• Canada’s Motion Record, volume 2 of 2 [6MB]
• Extract: Written representations (24 pages)