Conservative Party of Canada was not legal entity that exercised powers by or under act of Parliament

Federal court | Elections

POLITICAL PARTIES

Conservative Party of Canada was not legal entity that exercised powers by or under act of Parliament

In underlying proceeding applicant challenged decisions of respondent, Conservative Party of Canada, disqualifying him as candidate for nomination to run under Conservative Party banner in Kanata-Carleton riding. Applicant brought motion for order enjoining Conservative Party of Canada from conducting proposed candidate nomination meeting for federal riding of Kanata-Carleton. Motion dismissed. Federal Court’s jurisdiction to grant prerogative relief that applicant sought was limited to decisions made by federal board, commission or other tribunal. Political parties were voluntary associations. Conservative Party of Canada was not legal entity that exercised powers by or under act of Parliament. Decisions applicant sought to challenge were private matters that did not constitute decisions of federal board, commission or other tribunal. Federal Court had no jurisdiction to grant interim relief that was sought and it had no jurisdiction to deal with underlying application for judicial review.
Olumide v. Conservative Party of Canada (Jul. 22, 2015, F.C., R.L. Barnes J., File No. T-970-15) 258 A.C.W.S. (3d) 71.

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