Wilson v. Canada (Justice)

Wilson v. Canada (Justice)

The Federal Court exercised its discretion to dismiss the judicial review application of the January 12, 2007 ATP as it found that adequate alternative remedies appear to be available in the British Columbia superior and appellate courts; the dismissal was without prejudice to the applicant's right to reapply to the Federal Court if the provincial courts conclude they cannot provide adequate remedies concerning the validity of the ATP.

Citation
2012 FC 280
Parties
Respondent on Motion (applicant): MARK ELDON WILSON; Applicant on Motion (respondents): MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA THE HON. ROB NICHOLSON
Court
Federal Court
Jurisdiction
Canada
Judgment Date
29 February 2012
Procedural Posture
Judicial Review of Authority to Proceed Under the Extradition Act / Motion to Dismiss Application for Judicial Review (motion to Strike)
Outcome
Application for judicial review dismissed without prejudice to reapply to the Federal Court if provincial courts do not provide adequate remedies
Legal Topics
Authority to Proceed, Judicial Review, Adequate Alternative Remedies, Jurisdictional Discretion, Functus
Source Language
English
Extradition Law Administrative Law Criminal Law Authority to Proceed Judicial Review Adequate Alternative Remedies Jurisdictional Discretion Functus

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Parties

MARK ELDON WILSON

Respondent on Motion (applicant)

MINISTER OF JUSTICE AND ATTORNEY GENERAL OF CANADA THE HON. ROB NICHOLSON

Applicant on Motion (respondents)

Procedural Posture

Judicial Review of Authority to Proceed Under the Extradition Act / Motion to Dismiss Application for Judicial Review (motion to Strike)

Legal Issues

  1. 1 Whether the Federal Court should decline jurisdiction over a judicial review of an ATP because adequate remedies exist in provincial courts
  2. 2 Whether the provincial courts can grant adequate alternative remedies for attacks on the issuance and continuing reliance on an ATP
  3. 3 Whether the application for judicial review is bereft of any possibility of success

Ratio Decidendi

The Federal Court exercised its discretion to dismiss the judicial review application of the January 12, 2007 ATP as it found that adequate alternative remedies appear to be available in the British Columbia superior and appellate courts; the dismissal was without prejudice to the applicant's right to reapply to the Federal Court if the provincial courts conclude they cannot provide adequate remedies concerning the validity of the ATP.

Court Disposition

Application for judicial review dismissed without prejudice to reapply to the Federal Court if provincial courts do not provide adequate remedies

Orders

  • The motion to dismiss the judicial review of the ATP dated January 12, 2007 is granted without prejudice to the rights of the applicant to bring a new application for judicial review of the January 12, 2007 ATP as provided for by these reasons
  • No costs shall be awarded