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The Federal Court dismissed four long-running Treaty 8 and Indian Act claims, denied representative standing, and held the claims were statute-barred and largely beyond its jurisdiction.
The court refused to add the Surrey Police Union as a party or intervenor in a petition challenging the Surrey policing transition, finding its proposed issues would widen the case.
The Federal Court dismissed a judicial review of the Public Order Emergency Proclamation, finding the applicants lacked standing and declining to reach the merits.
The Federal Court dismissed an appeal from an order striking a judicial review as moot after COVID-19 border measures were repealed.
The court reviewed a law firm bill under the Legal Profession Act, found the initial $24,000 retainer was only a ballpark estimate, and fixed a fair fee at $25,000 plus taxes.
The Court of Appeal held leave to appeal was not required for a chambers order made under s. 17 of the Judicial Review Procedure Act and dismissed the application.
The appeals were dismissed as moot because the impugned quarantine provisions were no longer in effect and there was no longer a live controversy; the Court declined to exercise its discretion to hear the moot appeals after applying the Borowski factors.
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The Federal Court of Appeal upheld the Federal Court: the appellant's affidavit evidence was inadmissible and disregarded, no breach of procedural fairness or closed mind was shown, the Order in Council terminating the appellant's good‑behaviour appointment was reasonable under Vavilov, the Palmer test for fresh evidence was not met, and a new issue alleging an obligation to investigate racial bias was properly refused; therefore the appeal is dismissed with costs.
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The court held the case was too factually complex for summary trial under Rule 18A and dismissed the defendants’ application.
The respondent did not qualify as a Canadian citizen under the 1947 Act because any pre-1947 statuses were superseded by the 1947 statutory code and, in any event, applicable loss provisions (subsection 4(2) for minors and s.20 for non-natural-born citizens) extinguished any entitlement; the Charter and Bill of Rights could not be used to retroactively invalidate those statutory loss provisions or to resurrect citizenship; therefore the Federal Court judgment recognizing citizenship was set aside and the Minister's refusal restored.
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