Sinclair v. Canada (Attorney General)
Noel Sinclair
Attorney General of Canada
Law Firm / Organization
Department of Justice Canada

- Parties: The appellant was Noel Sinclair. The respondent was the Attorney General of Canada.

- Subject Matter: The appellant – a Crown prosecutor in Whitehorse, Yukon – applied to the Public Service Commission of Canada for permission to seek nomination as and to be a candidate in the 2021 Yukon territorial election. The Commission denied the appellant’s request. The election was held on Apr. 12, 2021. On Apr. 15, 2021, the appellant filed a judicial review application challenging the Commission’s decision. The appellant sought an order setting aside the Commission’s decision and a declaration that the appellant was entitled to seek nomination as and to be a candidate in the Apr. 12, 2021 election. Alternatively, the appellant sought an order setting aside the decision and remitting the matter back to the Commission for redetermination in accordance with any court directions.

- Ruling: The appeal court ruled in the respondent’s favour and dismissed the appeal. Based on the record, the Federal Court judge committed no error warranting intervention when she refused to exercise her discretion to decide the appellant’s judicial review application, the appeal court held.

- Date: The hearing was set on Mar. 19, 2024. The court released its decision on Mar. 21, 2024.

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

- Amount: The court awarded the respondent costs fixed in the amount of $3,000, as agreed by the parties.

Federal Court of Appeal
A-175-23
Government relations & public policy
$ 3,000
Respondent
29 June 2023