Kaniz Fatema v. Justin Trudeau (Honourable Prime Minister)

Kaniz Fatema v. Justin Trudeau (Honourable Prime Minister)

The motion was dismissed because (1) several remedies sought (orders to investigate criminal matters and to initiate federal legislation) are beyond the Federal Court’s statutory jurisdiction and contravene the separation of powers; (2) the plaintiff failed to provide required supporting materials (no Statement of Claim) and no basis existed to grant judgment for damages; and (3) the plaintiff failed to establish the factors required to grant an extension of time (no continuing intention, no explanation for delay, no demonstrated merit, and no assessment of prejudice), so granting an extension was not in the interests of justice.

Citation
2025 FC 839
Parties
Plaintiff/moving Party: Kaniz Fatema; Defendant/responding Party: Justin Trudeau (Honourable Prime Minister of Canada)
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 May 2025
Procedural Posture
Federal Court Civil / Motion for Extension of Time to Appeal Associate Judge's Order (motion in Writing Under Rule 369)
Outcome
The Plaintiff's motion is dismissed, without costs.
Legal Topics
Extension of Time, Jurisdiction, Separation of Powers, Motions Under Federal Courts Rules, Requests for Investigations, Judicial Review Procedure
Source Language
English
Administrative Law Civil Procedure Constitutional Law Extension of Time Jurisdiction Separation of Powers Motions Under Federal Courts Rules Requests for Investigations +1 more

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Parties

Kaniz Fatema

Plaintiff/moving Party

Justin Trudeau (Honourable Prime Minister of Canada)

Defendant/responding Party

Procedural Posture

Federal Court Civil / Motion for Extension of Time to Appeal Associate Judge's Order (motion in Writing Under Rule 369)

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to order criminal investigations or to direct the Department of Justice to initiate investigations
  2. 2 Whether the Court can order the enactment of federal legislation (unified Residential Tenancy Act) or laws to eliminate gender-based violence
  3. 3 Whether to grant an extension of time to appeal an Associate Judge's order under Rule 51 and Rule 8 (interests of justice test)

Ratio Decidendi

The motion was dismissed because (1) several remedies sought (orders to investigate criminal matters and to initiate federal legislation) are beyond the Federal Court’s statutory jurisdiction and contravene the separation of powers; (2) the plaintiff failed to provide required supporting materials (no Statement of Claim) and no basis existed to grant judgment for damages; and (3) the plaintiff failed to establish the factors required to grant an extension of time (no continuing intention, no explanation for delay, no demonstrated merit, and no assessment of prejudice), so granting an extension was not in the interests of justice.

Court Disposition

The Plaintiff's motion is dismissed, without costs.

Orders

  • The Plaintiff's motion is dismissed, without costs.