BETWEEN:
and
Hearing held at Montréal, Quebec, on February 28, 2006.
Judgment delivered from the bench at Montréal, Quebec, on February 28, 2006.
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Docket: A-234-05
Citation: 2006 FCA 90
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
CHANTAL-ANNICK TREMBLAY
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec, on February 28, 2006.)
DÉCARY J.A.
[1] The appellant brought before the Federal Court an action in civil liability against the Crown for wrongful dismissal. The appellant's cause of action is based on the fact that the decision by the Director of the Canadian Security Intelligence Service (CSIS), dated July 7, 1999, was unlawful because in her view it was made without taking into account all of the relevant information and in breach of the principles of procedural fairness.
[2] The appellant complained about this decision to the Security Intelligence Review Committee, which issued a report on March 16, 2001, making various recommendations to the Director of CSIS. After receiving this report, the Director of CSIS maintained his decision dated July 7, 1999.
[3] On November 23, 2001, the appellant brought her action in civil liability against the Crown.
[4] On June 18, 2003, the appellant requested an extension of time to challenge by judicial review the decision dated July 7, 1999. On July 9, 2003, the Federal Court refused to give an extension of time. The appellant is not appealing that decision.
[5] The respondent filed a motion to dismiss in which she argues that the action must fail because it relies essentially on the alleged unlawfulness of a decision (the decision dated July 7, 1999) which has not been set aside by an application for judicial review.
[6] The motion to dismiss was denied by Prothonotary Morneau on April 8, 2005, but Madam Justice Tremblay-Lamer granted it on May 20, 2005.
[7] It is our opinion, for the reasons set out recently by this Court in Grenier v. The Queen, 2005 FCA 348, that Tremblay-Lamer J.'s decision is well founded.
[8] The appeal will be dismissed but without costs in the circumstances.
"Robert Décary"
J.A.
Certified true translation
Kelley A. Harvey, BCL, LLB
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-234-05
APPEAL FROM AN ORDER BY THE FEDERAL COURT DATED MAY 20, 2005, DOCKET NO. T-2079-01.
STYLE OF CAUSE:
CHANTAL-ANNICK TREMBLAY
Appellant
and
HER MAJESTY THE QUEEN
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 28, 2006
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
DELIVERED FROM THE BENCH BY: DÉCARY J.A.
APPEARANCES:
| FOR THE APPELLANT
|
|
| FOR THE RESPONDENT |
SOLICITORS OF RECORD:
| Béland Lacoursière Montréal, Quebec
|
FOR THE APPELLANT
|
| John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec |
FOR THE RESPONDENT
|
Date: 20060228
Docket: A-234-05
Montréal, Quebec, February 28, 2006
CORAM: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
CHANTAL-ANNICK TREMBLAY
Appellant
and
HER MAJESTY THE QUEEN
Respondent
JUDGMENT
The appeal is dismissed without costs.
"Robert Décary"
Certified true translation
Kelley A. Harvey, BCL, LLB