Interpretation of consultation required by statute was not unreasonable

Public Law – Public authorities – Ministries and departments

Public interest group sought judicial review of appointment of ethics commissioner . Federal Court dismissed application for judicial review finding that Governor in Council’s interpretation of level of consultation required by statute was not unreasonable. Group appealed. Appeal dismissed. Governor in Council’s view of what statute required was not unreasonable. As for argument that Governor in Council was biased, nature of scheme made such situation inevitable.

Democracy Watch v. Canada (Attorney General) (2020), 2020 CarswellNat 141, 2020 FCA 28, J.D. Denis Pelletier J.A., Gleason J.A., and Laskin J.A. (F.C.A.); affirmed (2018), 2018 CarswellNat 10027, 2018 CarswellNat 8394, 2018 FC 1290, 2018 CF 1290, Cecily Y. Strickland J. (F.C.).

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