Digests

Federal Court Jurisdiction

Parties seeking ruling on Court’s jurisdiction— Respondent, Canadian Society of Immigration Consultants, non-governmental organization charged with regulating its members, who are recognized as “authorized representatives” under Immigration and Refugee Protection Regulations, SOR/2002-227—Applicant, member of Society, currently under investigation for possible breaches of Society’s Code of Discipline—Seeking various declarations pertaining to eligibility to run for office, validity of nomination, election procedures, other relief—Issue whether Society constituting federal board, commission or other tribunal within meaning of Federal Courts Act, R.S.C., 1985, c. F-7 and if so, whether activities in question having public aspect, connotation, or whether merely incidental to Society’s status as corporation—Although regulation of profession in general falling upon provinces, if pith, substance of profession falling within federal field such as immigration, Parliament having regulatory jurisdiction to determine who may act as agent, represent people, have standing before federal bodies—While some decisions of Society not subject to judicial review, management of Society cannot be segregated from its sole object, i.e. regulation of immigration consultants—Federal Court thus having jurisdiction—Society purporting to exercise authority over applicant as member of Society—Applicant entitled to seek judicial review as directly affected within meaning of Federal Courts Act, s. 18.

Onuschak v. Canadian Society of Immigration Consultants (T-1425-09, 2009 FC 1135, Harrington J., order dated November 5, 2009, 20 pp.)