Taylor v. Canada (Attorney General), 2001 FCT 286

Date: 20010403

Docket: T-97-99

Neutral Citation: 2001 FCT 286

MONTREAL, QUEBEC, THIS 3^rd DAY OF APRIL 2001

PRESENT:            RICHARD MORNEAU, ESQ., PROTHONOTARY

BETWEEN:

                                    MICHAEL TAYLOR

                                                                                            Applicant

                                                  AND

                 THE ATTORNEY GENERAL OF CANADA

                                                                                        Respondent

                                                  AND

                   THE CANADIAN JUDICIAL COUNCIL

                                                                                          Intervenor

Motion on behalf of the Center for Research - Action on Race Relations (C.R.A.R.R.) for:

1.    An Order under Rule 109 of the Federal Court Rules, 1998, granting CRARR leave to intervene in the present application, with rights of participation which include:

(a)         the right to receive service of the Respondent's Record, and all documents submitted by the Canadian Judicial Council (the "Intervenor-Tribunal") in the present proceeding within 3 days of an order granting CRARR leave to intervene in this Court file;

(b)         the right of CRARR to file and serve its own memorandum of fact and law within 25 days following an order granting CRARR leave to intervene in this Court file;

(c)         the right to make full oral argument at the hearing of the merits of this judicial review application, and to respond to questions of the Court in relation to the jurisdiction of the Canadian Judicial Council in its complaints-handling procedure, and remedies from the perspective of racialized minority members of Canadian society; and

(d)         no party or intevenor shall seek costs against CRARR in any event of this judicial review application.

2.          Such further and other relief as counsel may advise and this Honourable Court may permit.

                    REASONS FOR ORDER AND ORDER

RICHARD MORNEAU, ESQ., PROTHONOTARY:

[1]                This is a motion pursuant to rule 109 of the Federal Court Rules, 1998 (the rules) brought by the Center for Research-Action on Race Relations (CRARR) to intervene in this application for judicial review scheduled to be heard on May 16, 2001. Pleadings are closed in this proceeding since June 12, 2000.

[2]                If granted intervenor status, CRARR proposes to make submissions on the Canadian Judicial Council's complaint-handling mechanism, and its limited available remedies from the perspective of racialized and other minorities.

[3]                Another issue which CRARR seeks to raise is the Canadian Judicial Council's letter dated January 23, 1995 which makes the exercise of its jurisdiction conditional upon the ruling of the Ontario Court of Appeal.

[4]                These are all issues which are not raised as such by the existing parties. The Charter and procedural fairness arguments that the said parties intend to develop at the merits cannot in my view be used by CRARR as an open door to sustain its motion at bar.

[5]                I do believe that the issues raised by CRARR would significantly expand the scope and modify the nature of the litigation now before the Court. By its intervention, CRARR would not simply address or complement the issues raised by the parties.

[6]                In addition, even if one sees the history of this case as CRARR does, I am still of the view that the within motion is untimely. If granted, CRARR's intervention would most likely require an appreciable response from the Respondent and the Intervenors and, perhaps, the filing of further evidence by same. It might therefore be difficult, if not impossible, to respect the hearing date of May 16, 2001. The fact that the Applicant Taylor consents to CRARR's intervention, and the fact that he would not oppose the postponement of the hearing date of his judicial review application can be of little support to CRARR.

[7]                For the above reasons, this motion is dismissed without costs.

Richard Morneau      

Prothonotary

                         FEDERAL COURT OF CANADA

    NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:

STYLE OF CAUSE:

T-97-99

MICHAEL TAYLOR

                                                                      Applicant

AND

THE ATTORNEY GENERAL OF CANADA

                                                                  Respondent

AND

THE CANADIAN JUDICIAL COUNCIL

                                                                     Intervenor

PLACE OF HEARING:Montreal, Quebec

DATE OF HEARING:April 2, 2001

REASONS FOR ORDER BY RICHARD MORNEAU, ESQ., PROTHONOTARY

DATE OF REASONS FOR ORDER:April 3, 2001

APPEARANCES:

SOLICITORS OF RECORD: