[2017] 2 F.C.R. D-9
Telecommunications
Judicial review of Canadian Radio-television and Telecommunications Commission Chairperson decisions dated September 23, 2015 establishing three panels to hear matters under Telecommunications Act, S.C. 1993, c. 38, Broadcasting Act, S.C. 1991, c. 11 — Applicant arguing: (1) decisions raising true questions of jurisdiction, thus reviewable on standard of correctness; (2) Chairperson not having authority to establish panels at issue herein — Court previously holding that Commission is presumed to have required expertise to resolve questions such as whether it is authorized to promulgate a Code with retrospective effect — This principle applying equally to decisions of the Chairperson of the Commission — Thus, decisions at issue reviewable on the standard of reasonableness — As to Chairperson’s authority to establish panels, Canadian Radio-television and Telecommunications Commission Act, R.S.C., 1985, c. C-22 (CRTC Act), s. 6(2) stating that Chairperson “is the chief executive officer of the Commission, has supervision over and direction of the work and staff of the Commission and shall preside at meetings of the Commission” — Implicit in such a power is the “authority to assign cases and members to cases” — This implicit authority recognized in By-law No. 9 (authorized by CRTC Act, s. 12), By-law No. 26 (authorized by CRTC Act, s. 11) — Chairperson thus fully authorized to establish three panels at issue — Application dismissed.
Shoan v. Canada (Attorney General) (A-464-15, 2016 FCA 261, Dawson J.A., judgment dated October 24, 2016, 4 pp.)