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The Federal Court dismissed a judicial review seeking to stop removal until a spousal sponsorship was decided and to compel a decision by mandamus.
The judge did not commit a jurisdictional error in rejecting the Charter arguments and in refusing to certify questions; because it is not plain and obvious that the Court lacks jurisdiction, the appeal cannot proceed and the notice of appeal is struck.
Source excerpt
The appeal was dismissed because the Chief of the Defence Staff does not possess the authority to award monetary s.24 Charter remedies in grievance proceedings; the grievance mechanism and its structure were not designed to provide the monetary relief claimed, so the Federal Court was an appropriate forum for the respondent's Charter damages claim and refusal to strike the statement of claim was correct.
Source excerpt
Motion to strike dismissed. The Court held it was not plain and obvious that it lacked jurisdiction, finding an arguable basis under section 17(4) of the Federal Court Act.
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