Federal Court Decisions

                                                                                                                                  Date: 20050516

                                                                                                                             Docket: T-2132-04

Citation: 2005 FC 705

Montréal, Quebec, May 16, 2005

Present:           MR. RICHARD MORNEAU, PROTHONOTARY

BETWEEN:

DÉSANGES DUGUAY

Applicant

and

HOCKEY CANADA

Respondent

Motion in writing by the respondent, Hockey Canada, to strike out the application for judicial review filed by the applicant.

REASONS FOR ORDER AND ORDER

[1]         For the purposes of this proceeding, I have read all of the relevant documentation filed by the parties to date, including the applicant=s reply record, which she sought previously to file officially, but without success.

[2]         The reasons contained in the application for judicial review filed by the applicant (the application) are addressed solely to the management of Hockey Canada after the Human Rights Commission (the Commission) dismissed a complaint by the applicant. In this case, the application does not seek to review the Commission=s decision. The applicant focuses solely on the management of Hockey Canada. But Hockey Canada is not a federal board, commission or other tribunal and its management cannot be reviewed by this Court.

[3]         Furthermore, it should be noted that this Court does not have jurisdiction to force Hockey Canada to comply with the Canadian Centre for Ethics in Sport and the Speak Out! Program, or to order a public inquiry.

[4]         The other orders sought by the applicant cannot succeed, either.

[5]         In my view, therefore, the application is clearly so irregular as to have no chance of success. Accordingly, it is clear and obvious that the Court must intervene and strike out this application.

[6]         The applicant=s application, therefore, is struck out, without costs.

Richard Morneau

Prothonotary

Certified true translation

K.A. Harvey

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                            T-2132-04

STYLE:                                                DÉSANGES DUGUAY

Applicant

and

HOCKEY CANADA

Respondent

WRITTEN MOTION DECIDED IN MONTRÉAL WITHOUT APPEARANCE OF THE PARTIES

REASONS FOR ORDER:                MR. RICHARD MORNEAU, PROTHONOTARY

DATE OF REASONS:                        May 16, 2005

WRITTEN REPRESENTATIONS BY:

Désanges Duguay                                  FOR THE APPLICANT

Jean-Sébastien Gallant               FOR THE RESPONDENT

SOLICITORS OF RECORD:

Borden Ladner Gervais              FOR THE RESPONDENT

Ottawa, Ontario