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The Federal Court dismissed a judicial review of OPSIC’s refusal to investigate a disclosure, finding the decision reasonable, fair, and outside OPSIC’s reach for much of the complaint.
The Federal Court of Appeal dismissed the application for judicial review because the Tribunal’s conclusion was reasonable: the April 1 and 2, 2009 emails did not, on a balance of probabilities, constitute protected internal disclosures and the applicant failed to establish the requisite causal link between any protected disclosure and the alleged reprisal; the Tribunal did not err in limiting disclosure or witnesses and complied with procedural fairness.
Source excerpt
The Commissioner reasonably concluded the disclosures raised disagreements over the application and interpretation of IRPA and the Citizenship Act rather than wilful contraventions amounting to 'wrongdoing' under s.8, and it was reasonably open to him under paragraph 24(1)(f) to decline to investigate; the Commissioner’s reasons, when read with the record and precedent, fall within a range of defensible outcomes under the reasonableness standard.
Source excerpt
The Federal Court dismissed judicial review of the Public Sector Integrity Commissioner’s refusal to investigate alleged wrongdoing at the Canadian Embassy in Mexico.
Federal Court set aside the dismissal of a reprisal complaint, finding the Commissioner’s investigation lacked thoroughness and ignored key evidence.
The Federal Court dismissed a judicial review of a PDSPA screening decision, holding there was no procedural unfairness and the refusal to investigate was reasonable.
The prothonotary’s direction applied only to the notice of application and, being neither an order nor a judgment, could not ground contempt; the communications at issue therefore did not constitute contempt and the appeal was bound to fail.
Source excerpt
The adjudicator found the appellant's interpretation of respondent's alleged consent to withdrawal without costs incorrect, concluded respondent was entitled to costs under the prior order, exercised discretion under Tariff B item 5 to award five units (not the seven requested) for each costs memorandum, resulting in taxation at $600 per dossier, and issued certificates for $600 for each of A-532-08 and A-534-08.
Source excerpt
The Federal Court dismissed motions about an incomplete record and leave to amend, but allowed procedural fairness to include legitimate expectation.
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