Federal Appeal


Administrative Law

Practice and procedure

On application for certiorari

Applicant, not party to original proceedings, not granted standing to apply for judicial review

Applicant EB was not party to original proceedings before Public Service Labour Relations and Employment Board. Applicant brought application for judicial review on basis that Board member involved in decision failed to satisfy legal residency requirement and Board member released decision beyond time permitted by law. Application dismissed. Applicant was not granted standing to apply for judicial review. Applicant was not directly affected by proceedings before Board within meaning of s. 18.1(1) of Federal Courts Act. Applicant was not party to Board proceedings, was not member or employee of union involved in Board proceedings, and had no relationship with individual respondent grievors before Board. Applicant offered no evidence suggesting that Board’s decision affected her legal rights, imposed legal obligations upon her, or prejudicially affected her. Applicant did not have public interest standing. Assuming applicant raised serious justiciable issue, this was not situation where issue of significance was evasive of review. Parties involved in proceedings did not apply for judicial review, which suggested that they chose to accept decision, and granting standing to applicant would disrupt that choice. It was not wise use of judicial resources to grant applicant standing in these circumstances.

Bernard v. Close (2017), 2017 CarswellNat 769, 2017 FCA 52, David Stratas J.A., Boivin J.A., and Woods J.A. (F.C.A.); application for judicial review refused (2016), 2016 CarswellNat 915, 2016 CarswellNat 916, 2016 PSLREB 18, 2016 CRTEFP 18, Kate Rogers Member (Can. P.S.L.R.E.B.).

cover image

DIGITAL EDITION

Subscribers get early and easy access to Law Times.

Law Times Poll


Law Times reports that the Correctional Service Canada has been found to be negligent in the severe beating of an inmate. Do you think inmate safety at jails and prisons needs significant improvement?
RESULTS ❯