Supreme Court

Decision Information

Groenewegen v Gargan

Court Supreme Court
Date 1998-09-04
Other citations (1998) – 12 Admin. L.R. (3d) 280 (N.W.T. S.C.) – 23 C.P.C. (4th) 314
File numbers CV 07836
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Statutes considered:
Legislative Assembly and Executive Council Act, R.S.N.W.T., 1988, c. L-5
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

Decision Content

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.