Appellant
Respondent
- Parties: The appellants were Maria Reisdorf, Maya Mitalipova, and Canadians in Support of Refugees in Dire Need (CSRDN). The respondents were the Attorney General of Canada and Canada (Border Services Agency).
- Subject Matter: The appellants applied for judicial review and sought to set aside what was allegedly a decision of an official at the Canada Border Services Agency (CBSA) via the official’s email responding to the appellants’ email sent to the CBSA. The “decision” allegedly had the effect of rejecting their request to prohibit the importation of goods produced in Xinjiang, China in all circumstances except where there was clear and convincing evidence that the goods had not been produced with forced labour. The Federal Court dismissed the appellants’ judicial review application.
- Ruling: The appeal court ruled in the respondents’ favour and dismissed the appeal. The appeal court determined that the CBSA email could not be the subject of a judicial review application. The email did not decide anything relating to the importation of goods from Xinjiang, China, the appeal court said. Instead, the email was merely a courtesy reply that thanked the appellants for their inquiry and that stated CBSA’s views on how the relevant legislation and investigative processes worked, the appeal court explained.
- Date: The hearing was set on Sept. 14, 2023. The court released its decision on Sept. 14, 2023.
- Venue: This was a federal case before the Federal Court of Appeal.
- Amount: No financial award was specified.
Court
Federal Court of AppealCase Number
A-102-22Practice Area
Corporate & commercial lawAmount
$ 0Winner
RespondentTrial Start Date
05 May 2022Download documents