Musende v. Canada (Attorney General)
Alain Musende
Law Firm / Organization
Public Law Solutions
Lawyer(s)

Alyn James Johnson

Attorney General of Canada
Public Service Commission of Canada

- Parties: The applicant was Alain Musende. The respondent was the Attorney General of Canada. 

- Subject Matter: The applicant, a federal public servant, wanted to become a candidate for a political party so that he could run in a federal election. Under the Public Service Employment Act, 2003, he had to obtain the Public Service Commission (PSC)’s approval before seeking his party’s nomination. On Apr. 27, 2023, the PSC granted the applicant’s request to seek nomination as a candidate, subject to numerous conditions. The applicant challenged one of these conditions. On May 26, 2023, the applicant launched the present judicial review application seeking to overturn the decision. On Mar. 15, 2024, the respondent moved to dismiss the judicial review application for mootness. 

- Ruling: The court ruled in the respondent’s favour and dismissed the judicial review application for mootness. The court determined that the factors in Borowski v Canada (Attorney General), [1989] 1 SCR 342 did not favour exercising the discretion to hear the matter on its merits. The court held that a subsequent decision superseded the decision challenged by the applicant. The court noted that the applicant had not challenged conditions applicable to him while he continued to occupy the temporary assignment that he currently occupied. 

- Date: The hearing was set on Mar. 28, 2024. The court released its decision on Jan. 9, 2025. 

- Venue: This was a federal case before the Federal Court. 

- Amount: The court ordered the parties to pay their own costs. 

Federal Court
T-1110-23
Labour & Employment Law
Respondent
26 May 2023