Doell v. Canada, 2016 FCA 235

Date: 20160921

Docket: A-470-15

Citation: 2016 FCA 235

Heard at Vancouver, British Columbia, on September 21, 2016.

Judgment delivered from the Bench at Vancouver, British Columbia, on September 21, 2016.

Date: 20160921

Docket: A-470-15

Citation: 2016 FCA 235

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Vancouver, British Columbia, on September 21, 2016).

STRATAS J.A.

[1]               By order dated September 4, 2015, the Federal Court (per Lafrenière P.) struck out the appellant’s statement of claim. The Federal Court held that the statement of claim did not advance a viable cause of action. The appellant appealed under Rule 51. By order dated October 19, 2015, the Federal Court (per Zinn J.) dismissed the appeal. The appellant now appeals to this Court.

[2]               We agree with both sets of reasons in the Federal Court. Both accurately characterized the appellant’s claim as one for a right not to work and to be afforded an adequate standard of living based on her status as a person born in Canada and based on several documents of a constitutional, international and legislative nature. In this Court, the appellant submits that a more accurate characterization is that she owns a share of the Consolidated Revenue Fund and it should be awarded to her. Under either characterization, this claim cannot succeed in law. Therefore, we shall dismiss the appeal.

[3]               At the conclusion of the hearing, we invited submissions from the parties on the issue of costs. We have considered those submissions.

[4]               Considering that this is the second appeal in a matter that has been adjudged twice before to be wholly without merit—and the same is true for this appeal—we shall also award the respondents their costs of this appeal, fixed in the amount of $2,600, all inclusive.

"David Stratas"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

APPEAL FROM AN ORDER OF THE HONOURABLE MR. JUSTICE ZINN OF THE FEDERAL COURT, DATED OCTOBER 19, 2015, DOCKET NO. T-1338-15

APPEARANCES:

SOLICITORS OF RECORD: