Gauthier v. Canada (Speaker of the House of Commons)
The appeal is dismissed because the Competition Tribunal lacked jurisdiction due to parliamentary privilege over access to the House of Commons and the issues were barred by res judicata from the 1994 Ontario Court decision.
Source-derived case information.
- Citation
- 2004 FCA 27
- Parties
- Appellant: Robert Gilles Gauthier c.o.b. as The National Capital News Canada; Respondent: The Honourable Peter Milliken M.P., Speaker of the House of Commons
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 21 January 2004
- Procedural Posture
- Appeal From Competition Tribunal / Final Judgment (appeal Dismissed)
- Outcome
- Appeal dismissed
- Legal Topics
- Jurisdiction, Res Judicata, Access to Parliamentary Precincts, Press Gallery Access
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Robert Gilles Gauthier c.o.b. as The National Capital News Canada
Appellant
The Honourable Peter Milliken M.P., Speaker of the House of Commons
Respondent
Procedural Posture
Appeal From Competition Tribunal / Final Judgment (appeal Dismissed)
Legal Issues
- 1 Whether the Competition Tribunal had jurisdiction to order access to House of Commons facilities despite parliamentary privilege
- 2 Whether the matter was barred by res judicata by virtue of a prior Ontario Court decision (1994) addressing the same issue
Ratio Decidendi
The appeal is dismissed because the Competition Tribunal lacked jurisdiction due to parliamentary privilege over access to the House of Commons and the issues were barred by res judicata from the 1994 Ontario Court decision.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed with costs.
Full Case Text
Judgment text and source record
1 paragraphs
Gauthier v. Canada (Speaker of the House of Commons) Court (s) Database Federal Court of Appeal Decisions Date 2004-01-21 Neutral citation 2004 FCA 27 File numbers A-19-03 Decision Content Date: 20040121 Docket: A-19-03 Citation: 2004 FCA 27 CORAM: DESJARDINS J.A. NADON J.A. PELLETIER J.A. BETWEEN: ROBERT GILLES GAUTHIER c.o.b. as THE NATIONAL CAPITAL NEWS CANADA Appellant and THE HONOURABLE PETER MILLIKEN M.P. SPEAKER OF THE HOUSE OF COMMONS Respondent Heard at Ottawa (Ontario), on January 21, 2004. Judgment delivered from the Bench at Ottawa (Ontario) on January 21, 2004. REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A. Date: 20040121 Docket: A-19-03 Citation: 2004 FCA 27 CORAM: DESJARDINS J.A. NADON J.A. PELLETIER J.A. BETWEEN: ROBERT GILLES GAUTHIER c.o.b. as THE NATIONAL CAPITAL NEWS CANADA Appellant and THE HONOURABLE PETER MILLIKEN M.P. SPEAKER OF THE HOUSE OF COMMONS Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa (Ontario) on January 21, 2004) NADON J.A. [1] We are all of the view that this appeal should be dismissed. [2] Firstly, we are satisfied that the presiding member of the Competition Tribunal, Madam Justice Dawson, made no error in concluding that by reason of Parliament's privilege to control access to the House of Commons and its precincts, and to regulate its internal affairs, the Competition Tribunal was without jurisdiction to make the order sought by the appellant under s. 75 of the Competition Act. [3] Secondly, we are also satisfied that the issues before us are res judicata. Specifically, in Gauthier v. Canada (Speaker of the House of Commons) (1994), 25 C.R.R. (2d) 286, the Ontario Court (General Division) decided the precise issue before us, i.e. whether the Speaker of the House could deny the appellant access to the facilities of the Press Gallery on the same terms as the members of the Canadian Parliamentary Press Gallery. [4] For these reasons, this appeal will be dismissed with costs.. "M. Nadon" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-19-03 APPEAL FROM A DECISION OF DAWSON, J. OF THE COMPETITION TRIBUNAL DATED DECEMBER 13, 2002 STYLE OF CAUSE: Robert Gilles Gauthier v. Peter Milliken M.P. PLACE OF HEARING: Ottawa DATE OF HEARING: January 21, 2004 REASONS FOR JUDGMENT OF THE COURT: Desjardins, Nadon, Pelletier JJ.A. DELIVERED FROM THE BENCH BY: Nadon J.A. APPEARANCES: Mr. Terrance Green Ms. Anne Vespry FOR THE APPELLANT Mr. Steven Chaplin FOR THE RESPONDENT SOLICITORS OF RECORD: Terrance J. Green, Barrister & Solicitor Ottawa, Ontario FOR THE APPELLANT Office of the Law Clerk and Parliamentary Counsel, Ottawa, Ontario FOR THE RESPONDENT