Date: 20030221
Docket: A-216-01
Neutral citation: 2003 FCA 97
CORAM: DESJARDINS J.A.
BETWEEN:
GUY BABINEAU
Appellant
- and -
THE GOVERNOR GENERAL OF CANADA and
ATTORNEY GENERAL OF CANADA
Respondents
Heard at Toronto, Ontario, on Thursday February 20, 2003.
Judgment delivered at Toronto, Ontario,
on Friday, February 21, 2003.
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: DESJARDINS J.A.
DÉCARY J.A.
Date: 20030221
Docket: A-216-01
Neutral citation: 2003 FCA 97
CORAM: DESJARDINS J.A.
BETWEEN:
GUY BABINEAU
Appellant
- and -
THE GOVERNOR GENERAL OF CANADA and
ATTORNEY GENERAL OF CANADA
Respondents
REASONS FOR JUDGMENT
LÉTOURNEAU J.A.
[1] This appeal is against a decision of Gibson J. who dismissed the appellant's action in File No. T-2370-00. The action was dismissed pursuant to Rule 221 of the Federal Court Rules, 1998 as disclosing no reasonable cause of action. In dismissing the action, the learned judge gave two reasons.
[2] First, he was of the view that the matter raised in the action was moot because the Governor General had accepted the Prime Minister's advice to dissolve Parliament, Parliament had been dissolved and the election had been held. He obviously saw no public interest in pursuing the matter.
[3] Second, the Governor General in dissolving Parliament exercised a constitutional responsibility whether by virtue of a prerogative or by virtue of the Canadian constitution. The Court had no authority to intervene by way of the action commenced by the appellant to require the Governor General to dismiss the government in the face of the will of the people expressed in the election.
[4] I have not been convinced that Gibson J. erred in coming to the conclusion that he did. I would dismiss the appeal with costs.
"Gilles Létourneau"
J.A.
"I agree
Alice Desjardins"
J.A.
"I agree
Robert Décary"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-216-01
STYLE OF CAUSE: GUY BABINEAU
Appellant
- and -
THE GOVERNOR GENERAL OF CANADA and
ATTORNEY GENERAL OF CANADA
Respondents
PLACE OF HEARING:TORONTO, ONTARIO
DATE OF HEARING: THURSDAY, FEBRUARY 20, 2003
REASONS FOR
JUDGMENT BY: LÉTOURNEAU J.A.
CONCURRED IN BY: DESJARDINS J.A.
DÉCARY J.A.
DATED: FRIDAY, FEBRUARY 21, 2003
APPEARANCES:
Mr. Guy Babineau
For the Appellant (on his own behalf)
Mr. John McLaughlin
Mr. Arnold Bornstein
For the Respondents
SOLICITORS OF RECORD:
Mr. Guy Babineau
Toronto, Ontario
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondents