Democracy Watch et al v. Attorney General of Canada
Democracy Watch, Duff Conacher
Law Firm / Organization
Ross & McBride LLP
Attorney General of Canada

- Parties: The appellants were Democracy Watch and Duff Conacher. The respondent was the Attorney General of Canada.

- Subject Matter: The appellants filed an application challenging the process by which judges were appointed under ss. 96 and 101 of the Constitution Act, 1867. The appellants alleged that the appointment process was subject to political discretionary control, influence, and interference by the federal justice minister and Cabinet. The appellants argued that such control, influence, and interference undermined the institutional independence of the judiciary in violation of ss. 7, 11(d), and 24 of the Canadian Charter of Rights and Freedoms and s. 96 of the Constitution Act, 1867. The Federal Court dismissed the appellants’ application. The appellants challenged this decision.

- Ruling: The appeal court ruled in the respondent’s favour, dismissed the appeal, and made no costs award for the same reasons that the Federal Court refused to award them even though the respondent requested costs. The appeal court concluded that the Federal Court did not err in dismissing the appellants’ application and in disallowing the opinion pieces, the ICJC report, and the statement from the CBA president.

- Date: The hearing was set on Apr. 15, 2024. The court released its decision on Apr. 18, 2024.

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

- Amount: No financial award was specified.

Federal Court of Appeal
A-31-23
Constitutional law
$ 0
Respondent
08 February 2023