Timm v. Canada (Attorney General)

Timm v. Canada (Attorney General)

The appeal fails because the minister had already rendered the decision sought by the mandamus application, making the Federal Court's dismissal appropriate; the appellant cannot use an appeal from that dismissal to challenge the minister's or Review Group's decisions or to compel disclosure under judicial review...

Source-derived case information.

Citation
2010 FCA 136
Parties
Appellant: Richard Timm; Respondent: Attorney General of Canada
Court
Federal Court of Appeal
Jurisdiction
Canada
Judgment Date
27 May 2010
Procedural Posture
Appeal From Federal Court Dismissing Application for Mandamus Seeking Ministerial Review Under S.696.1 Criminal Code / Appeal; Written Motion Decided Without Appearance
Outcome
Motion dismissed; appeal cannot succeed
Legal Topics
Ministerial Review of Criminal Conviction, Mandamus, Judicial Review, S.696.1 Criminal Code, Charter Ss.7 and 24, Production/disclosure of Documents, Appellate Jurisdiction
Source Language
fr
Criminal Law Administrative Law Constitutional Law Ministerial Review of Criminal Conviction Mandamus Judicial Review S.696.1 Criminal Code Charter Ss.7 and 24 +2 more

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Parties

Richard Timm

Appellant

Attorney General of Canada

Respondent

Procedural Posture

Appeal From Federal Court Dismissing Application for Mandamus Seeking Ministerial Review Under S.696.1 Criminal Code / Appeal; Written Motion Decided Without Appearance

  1. 1 Whether the appellant can compel ministerial action by mandamus once the minister has decided
  2. 2 Whether the Federal Courts Rules governing transmission of documents in judicial review apply to an appeal
  3. 3 Whether Charter ss.7 or 24 authorize disclosure or remedies in the context of this appeal

Ratio Decidendi

The appeal fails because the minister had already rendered the decision sought by the mandamus application, making the Federal Court's dismissal appropriate; the appellant cannot use an appeal from that dismissal to challenge the minister's or Review Group's decisions or to compel disclosure under judicial review rules or the Charter in this procedural posture.

Court Disposition

Motion dismissed; appeal cannot succeed

Orders

  • Motion dismissed with costs