Supreme Court
Decision Information
Abstract: application for declaration that Conflict of Interest Commissioner can appoint counsel and direct payment of counsel fees for participants in conflict of interest inquiry -- decision to fund counsel does not fall within the exercise of parliamentary privilege -- judicial review undertaken -- Commissioner does not have the statutory power to engage publicly funded counsel for anyone but herself -- no constitutional right to publicly funded counsel exists -- declaration issued stating that open to the Commissioner to make recommendations for publicly funded counsel if it is in the interests of justice
Decision: application for declaratory relief dismissed
Subjects: Judicial review
Keywords: Judicial review - legislatures and their servants - parliamentary privilege
Requirements of natural justice - legal representation
Conflict of Interest Commissioner - power - enabling legislation
Counsel - appointment - publicly funded