Traduction de «The Clerks the Court Act » (Anglais → Français) :

Section 18 of the Federal Court Act provides extensive powers for anyone who is materially affected by something that the minister has done, to request judicial review, and to demand to know what authority the minister had to act.

Question No. 437 Hon. Irwin Cotler: With regard to the appointment of Justice Marc Nadon: (a) who did what and when prior to the Selection Panel being convened; (b) who determined the process to be followed with respect to the most recent appointment process to fill a vacancy on the Supreme Court of Canada (SCC); (c) was the process for Justice Wagner designed with the departure of Justice Fish a year later in mind; (d) was the process for Justice Nadon designed with the forthcoming departure of Justice LeBel in mind; (e) in the breakdown of appointment process costs provided in the answer to Q-239, what accounts for the “Acquisition ...[+++] of Machinery and Equipment” cost associated with the appointment of Justice Marc Nadon; (f) was there a competitive bidding process with respect to the goods and services in (a); (g) what accounts for the greater cost of “Legal Services” for the appointment of Justice Marc Nadon relative to the reported costs provided in the answer to Q-239 for other Justices; (h) are the costs for the legal opinions of Justices Binnie and Charron included in the “Legal Services” heading for the appointment process of Justice Marc Nadon reported in the answer to Q-239; (i) if the answer to (f) is no, under what heading are these opinion costs found and, if not reported in the answer to Q-239, where are they reported; (j) were the legal opinions of any Quebec jurists explicitly sought with respect to the eligibility of Justice Marc Nadon and, if so, (i) whose opinions were sought, (ii) on what date, (iii) at what cost; (k) were the legal opinions of any Quebec jurists explicitly sought with respect to the eligibility of a federal judge to assume a Quebec seat on the SCC and, if so, (i) whose opinions were sought, (ii) on what date, (iii) at what cost; (l) how long will the materials relative to Justice Nadon's appointment remain on the website for the Office of the Commissioner for Federal Judicial Affairs Canada; (m) when were these material ...

1. Where the Court, acting by a majority decision of its Members, considers that the information that has been submitted to it is such as to establish that a Member has ceased to meet the required conditions or to satisfy the obligations with which he is entrusted (Article 286(6) of the Treaty on the Functioning of the European Union), it shall instruct the President or, if the President is the Member concerned, the Member next in order of precedence to the President under Article 5 of these Rules of Procedure to draw up a preliminary report.

1. The Court, acting by a majority of its Members, determines the rules for implementing these Rules of Procedure.

1. The Court, acting as a collegial body, shall adopt its decisions after prior examination by a Chamber or committee with the exception of decisions to be taken in its capacity as appointing authority or as the authority authorised to conclude contracts of employment.

Judicial review of a negative citizenship decision is limited, by section 18.1(4) of the Federal Courts Act, to instances where the decision-maker: a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction; b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe; c) erred in law in making a decision or an order, whether or not the error appears on the face of the record; d) based its decision or order on an erroneous finding of fact that it m ...[+++]ade in a perverse or capricious manner or without regard for the material before it; e) acted, or failed to act, by reason of fraud or perjured evidence; or f) acted in any other way that was contrary to law.