On June 15, 2015, the Respondents Prime Minister and Governor General advised the Court by letter that there was no “decision not to advise the Governor General to fill the currently existing [Senate] Vacancies” as alleged in the Application.

Accordingly, the Respondents took the position that there was no applicable requirement under Rule 317 of the Federal Courts Rules to provide the Court or the Applicant with a certified copy of the record of all materials placed before and considered by the Prime Minister in making the decision not to advise the Governor General to fill the vacancies.