[2011] 3 F.C.R. D-12
Inquiries
Appeal from Federal Court decision (2008 FC 981) dismissing judicial review by appellant, confirming conclusions of Phase I Report of Commission of Inquiry into the Sponsorship Program and Advertising Activities of the Government of Canada—Appellant alleging that, by his conduct, Commissioner giving rise to reasonable apprehension of bias against him—Main issue involving standard used to test for reasonable apprehension of bias—Standard for bias established in Beno v. Canada (Commissioner and Chairperson, Commission of Inquiry into the Deployment of Canadian Forces to Somalia), [1997] 2 F.C. 527 (C.A.) appropriate when dispute concerning, as in this case, conclusions of commissioner’s report setting out evidence, assessment of that evidence—Federal Court misdirecting itself in applying test set out by Committee for Justice and Liberty et al. v. National Energy Board et al., [1978] 1 S.C.R. 369—Neglecting to take into account inquisitorial function served by Commissioner as required in accordance with Beno—Fact that, in media attention given to role, person, Commissioner possibly overstepping bounds not meaning that report without merit, or conclusions based on prejudice against appellant—In applying test set out in Morneault v. Canada (Attorney General), [2001] 1 F.C. 30 (C.A.) in analysis of Commissioner’s findings of fact, Federal Court committing no error warranting intervention—Federal Court correctly stating that threshold for finding reasonable apprehension of bias high, both at stage of ongoing inquiry, of analysing findings of fact in report—Principles of ministerial responsibility, accountability within governmental apparatus existing long before appellant entering Cabinet, not ceasing to exist when leaving it—Appeal dismissed—Mainville, J.A. (concurring): In applying either standard established in Beno, Morneault or standard established in Committee for Justice, as Federal Court did, conclusions of this appeal would be same—Furthermore, public statements by Commissioner or spokesperson not directly aiming appellant.
Gagliano v. Canada (Ex-Commissioner of the Commission of Inquiry into the Sponsorship Program and Advertising Activities) (A-9-08, 2011 FCA 217, Létourneau and Mainville JJ.A., judgment dated June 29, 2011, 23 pp.)