SUB-LIEUTENANT J.H. HARRIS Appellant v. ATTORNEY GENERAL OF CANADA, 2013 FCA 278
Opinion
Date: 20131203 Docket: A-225-13 Citation: 2013 FCA 278 CORAM: PELLETIER J.A. DAWSON J.A. TRUDEL J.A. BETWEEN: SUB-LIEUTENANT J.H. HARRIS Appellant and ATTORNEY GENERAL OF CANADA Respondent Heard at Ottawa, Ontario, on December 3, 2013. Judgment delivered from the Bench at Ottawa, Ontario, on December 3, 2013. REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. Date: 20131203 Docket: A-225-13 Citation: 2013 FCA 278 CORAM: PELLETIER J.A. DAWSON J.A. TRUDEL J.A.
BETWEEN: SUB-LIEUTENANT J.H. HARRIS Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Ottawa, Ontario, on December 3, 2013). PELLETIER J.A. [ 1 ] This is an appeal from the decision of Madam Justice Gagné of the Federal Court, reported at 2013 FC 571 , dismissing the appellant’s application for judicial review of the Chief of Defence Staff dismissal her grievance. [ 2 ] The Federal Court judge held that the appropriate standard of review was reasonableness.
Notwithstanding the parties agreement that the standard of review before us was palpable and overriding error, the Supreme Court’s decision in Dr. Q v. College of Physician and Surgeons of British Colombia , 2003 SCC 19 , [2003] 1 SCR 226 establishes that our task is to determine if the application judge identified the correct standard of review and whether he or she applied it correctly to the facts. [ 3 ] We agree with the Federal Court judge that the proper standard of review is reasonableness.
Having regard to the whole of the record, we are unable to identify any error in the Federal Court judge’s application of that standard of review to the facts. As a result, the appeal will be dismissed with costs. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD Docket: A-225-13 STYLE OF CAUSE: SUB-LIEUTENANT J.H. HARRIS v. ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Ottawa, Ontario DATE OF HEARING:
December 3, 2013 REASONS FOR JUDGMENT OF THE COURT BY: PELLETIER J.A. DAWSON J.A. TRUDEL J.A. DELIVERED FROM THE BENCH BY: PELLETIER J.A. APPEARANCES : Joshua M. Juneau For The Appellant SUB-LIEUTENANT J.H. HARRIS Hélène Robertson For The Respondent ATTORNEY GENERAL OF CANADA SOLICITORS OF RECORD : Michel Drapeau Law Office Ottawa, Ontario For The Appellant SUB-LIEUTENANT J.H. HARRIS William F. Pentney Deputy Attorney General of Canada For The Respondent ATTORNEY GENERAL OF CANADA
Loading document…