Al-Mhamad v. Canada (Radio-Television and Telecommunications Commission)

Al-Mhamad v. Canada (Radio-Television and Telecommunications Commission) Court (s) Database Federal Court of Appeal Decisions Date 2003-01-30 Neutral citation 2003 FCA 45 File numbers A-711-01 Decision Content Date: 20030130 Docket: A-711-01 Neutral citation: 2003 FCA 45 CORAM: RICHARD C.J. LÉTOURNEAU J.A. EVANS J.A. BETWEEN: SALEH M. HASSAN AL-MHAMAD Appellant and CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION SOLICITOR GENERAL OF CANADA THE OFFICE OF THE SUPERINTENDENT OF FINANCIAL CANADIAN HUMAN RIGHTS COMMISSION Respondents Heard at Ottawa, Ontario, on January 29, 2003. Judgment delivered at Ottawa, Ontario, on January 30, 2003. REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. CONCURRED IN BY: RICHARD C.J. EVANS J.A. Date: 20030130 Docket: A-711-01 Neutral citation: 2003 FCA 45 CORAM: RICHARD C.J. LÉTOURNEAU J.A. EVANS J.A. BETWEEN: SALEH M. HASSAN AL-MHAMAD Appellant and CANADIAN RADIO-TELEVISION AND TELECOMMUNICATIONS COMMISSION SOLICITOR GENERAL OF CANADA THE OFFICE OF THE SUPERINTENDENT OF FINANCIAL CANADIAN HUMAN RIGHTS COMMISSION Respondents REASONS FOR JUDGMENT LÉTOURNEAU J.A. [1] This is an appeal against a decision of Gibson J. whereby the learned judge struck the appellant's application for judicial review pursuant to a motion to strike brought by the respondents. [2] The appellant complained in his application for judicial review that he was denied access to personal information contained in the files of the respondents. After thorough investigation of the appellant's allegations, the Privacy Commissioner found that there was no basis to conclude that the appellant had been denied by the respondents a right of access to information: see Appeal Book, Letter of Commissioner dated May 11, 2001, page 63. [3] The appellant also sought in his application an award of damages. It is trite law that the Court has no jurisdiction to award damages in judicial review proceedings: see Bouchard v. Canada (Min. of National Defence) (1998), 158 F.T.R. 232, affirmed (1999), 187 D.L.R. (4th) 314 (F.C.A.). [4] The motions judge relied upon the decision of this Court in David Bull Laboratories v. Pharmacia Inc., [1995] 1 F.C. 588 (F.C.A.) to strike the appellant's application on the basis that the application was bereft of any possibility of success. We have not been convinced that the motions judge erred in law or in fact in granting the motion to strike. [5] For these reasons, the appeal will be dismissed. A copy of these reasons will be inserted in file A-712-01 in support of the judgment rendered therein. "Gilles Létourneau" J.A. "I agree J. Richard C.J." "I agree John M. Evans J.A." FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-711-01 STYLE OF CAUSE: SALEH M. HASSAN AL-MHAMAD v. CRTC ET AL. PLACE OF HEARING: OTTAWA, ONTARIO DATE OF HEARING: January 29, 2003 REASONS FOR JUDGMENT: LÉTOURNEAU J.A. CONCURRED IN BY: RICHARD C.J. EVANS J.A. DATED: January 30, 2003 APPEARANCES: Mr. Saleh M. Hassan Al-Mhamad ON HIS OWN BEHALF Mr. John Unrau FOR THE RESPONDENTS SOLICITORS OF RECORD: Mr. Saleh M. Hassan Al-Mhamad Ottawa, Ontario ON HIS OWN BEHALF Mr. Morris Rosenberg Deputy Attorney General of Canada FOR THE RESPONDENTS