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 level of representation in the Senate that results.

At the Court’s discretion, oral arguments on mootness will be heard before or as part of the parties’ overall arguments on the underlying case to be heard in Vancouver on June 22-23, 2016.

The applicant’s motion record including written representations on why the case still raises a live controversy, or alternatively should be heard even if technically moot, is available here. The applicant’s book of authorities containing cases and other reference materials not already included in other court materials is available here.