Case information
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39202
Democracy Watch v. Attorney General of Canada
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2021-03-05 | Close file on Leave | |
| 2020-10-16 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-10-16 | Judgment on leave sent to the parties | |
| 2020-10-15 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-159-19, 2020 FCA 69, dated April 1, 2020, is dismissed with costs. Dismissed, with costs |
|
| 2020-09-04 | Correspondence received from, (Letter Form), counsel for the Applicant requests that the Applications for Leave to Appeal in files 39266 and 39202 be considered concurrently | Democracy Watch |
| 2020-08-24 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-08-04 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-08-04 | Democracy Watch |
| 2020-06-23 | Certificate (on limitations to public access), (Letter Form) | Attorney General of Canada |
| 2020-06-23 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-06-23 | Attorney General of Canada |
| 2020-06-09 | Letter acknowledging receipt of a complete application for leave to appeal, FILE OPENED 06/09/20 | |
| 2020-06-01 | Certificate (on limitations to public access), (Letter Form) | Democracy Watch |
| 2020-06-01 | Notice of name, (Letter Form) | Democracy Watch |
| 2020-06-01 | Application for leave to appeal, (Book Form), Completed on: 2020-06-01 | Democracy Watch |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Democracy Watch | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Attorney General of Canada | Respondent | Active |
Counsel
Party: Democracy Watch
Counsel
900 - 251 Laurier Avenue West
Ottawa, Ontario
K1P 5J6
Telephone: (819) 664-7448
FAX: (613) 566-7003
Email: sebastian.spano@spanolaw.ca
Party: Attorney General of Canada
Counsel
Civil Litigation Branch, East Tower
234 Wellington St.
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-8497
FAX: (613) 954-1920
Email: agay@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Administrative law — Judicial review — Legislation — Interpretation — Is it an issue of public importance whether and how the federal Commissioner of Lobbying is required to investigate a complaint by a member of the public that a lobbyist has violated the Lobbying Act, RSC 1985, c. 44 (4th Supp) (Act) and/or the Lobbyists’ Code of Conduct, Ottawa: Office of the Commissioner of Lobbying, December 1, 2015 (Lobbyists’ Code) under s. 10.4(1) of the Act — Did the Federal Court of Appeal err in law in interpreting s. 10.4(1) of the Act to mean that only MPs and senators have a right to file a petition for investigation with the Commissioner, and that the public does not have a right to file such a petition.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
A complaint was filed by a private citizen with the Office of the Commissioner of Lobbying asserting that Prince Sha Karim Al Hussaini Aga Khan (Aga Khan) was in breach of the Act and the Lobbyists’ Code by gifting a New Year vacation on his private Caribbean island to Prime Minister Justin Trudeau and his family. The Aga Khan Foundation is a registered lobbyist under the Act. The Aga Khan sits on the Board of the Foundation in an unpaid position, as a volunteer. The Office of the Lobbying Commissioner began an internal review process, and the Director of Investigations recommended that the file be closed without further investigation on the basis that the Lobbyists’ Code does not apply to the Aga Khan’s interactions with the Prime Minister. There was no evidence that the Aga Khan was remunerated for his work with the Foundation or that he was engaged in registrable lobbying activity during the Prime Minister’s Christmas vacation. The interim Commissioner concluded that an investigation was not necessary to ensure compliance with the Lobbyists’ Code or the Act and informed the complainant. The applicant, Democracy Watch, brought an application for judicial review.
The Federal Court held that the Commissioner’s decision was subject to judicial review and was unreasonable. It granted the application for judicial review, set aside the Commissioner’s decision and returned the matter to the Commissioner of Lobbying for redetermination in accordance with its reasons. The Federal Court of Appeal allowed the appeal, set aside the Federal Court decision and dismissed the application for judicial review. Interpreting the Act, it held that as there was no obligation upon the Commissioner to act on a complaint by the public, her decision not to investigate the complaint in this case was not subject to judicial review.
Lower court rulings
Federal Court
2019 FC 388, T-115-18
Applicant’s application for judicial review granted, Commissioner’s decision set aside and matter referred back to the Commissioner for redetermination.
Federal Court of Appeal
2020 FCA 69, A-159-19
Appeal allowed, the Federal Court decision set aside and the application for judicial review dismissed.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Downloadable PDFs
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Related links
Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available