Hewage v. Canada (Prime Minister) and Canada (Attorney General)

Hewage v. Canada (Prime Minister) and Canada (Attorney General)

The Notice of Application was struck because the Statement is not a reviewable decision or act of a federal board, the application seeks to challenge a parliamentary motion indirectly, raises non-justiciable political and foreign affairs issues, lacks a material factual foundation for alleged Charter breaches, and therefore discloses no cognizable or justiciable administrative law claim and has no prospect of success.

Citation
2024 FC 901
Parties
Applicant (responding Party): Neville Hewage; Respondent (moving Party): Canada (Prime Minister) and the Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
12 June 2024
Procedural Posture
Judicial Review Application / Motion to Strike (written Representations)
Outcome
Respondents' motion to strike granted; Notice of Application struck in its entirety without leave to amend; no costs awarded
Legal Topics
Justiciability, Prerogative Powers, Freedom of Expression, Sections 7 and 15 Charter, Declaratory Relief, Motion to Strike
Source Language
English
Administrative Law Constitutional Law Judicial Review Charter Litigation Foreign Affairs Justiciability Prerogative Powers Freedom of Expression +3 more

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Parties

Neville Hewage

Applicant (responding Party)

Canada (Prime Minister) and the Attorney General of Canada

Respondent (moving Party)

Procedural Posture

Judicial Review Application / Motion to Strike (written Representations)

Legal Issues

  1. 1 Whether the Prime Minister's public statement constitutes a reviewable 'decision' or an act of a 'federal board, commission or other tribunal' under the Federal Courts Act
  2. 2 Whether the Notice of Application discloses a cognizable administrative law claim
  3. 3 Whether the matter is justiciable given its foreign affairs and political character

Ratio Decidendi

The Notice of Application was struck because the Statement is not a reviewable decision or act of a federal board, the application seeks to challenge a parliamentary motion indirectly, raises non-justiciable political and foreign affairs issues, lacks a material factual foundation for alleged Charter breaches, and therefore discloses no cognizable or justiciable administrative law claim and has no prospect of success.

Court Disposition

Respondents' motion to strike granted; Notice of Application struck in its entirety without leave to amend; no costs awarded

Orders

  • The Respondents’ motion to strike the Notice of Application is granted.
  • The Notice of Application is struck in its entirety, without leave to amend.