Date: 20060110
Docket: A-312-05
Citation: 2006 FCA 11
CORAM: ROTHSTEIN J.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
NEIL McFADYEN
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Ottawa, Ontario, on January 10, 2006.
Judgment delivered from the Bench at Ottawa, Ontario, on January 10, 2006.
REASONS FOR JUDGMENT OF THE COURT BY: SHARLOW J.A.
Date: 20060110
Docket: A-312-05
Citation: 2006 FCA 11
CORAM: ROTHSTEIN J.A.
NOËL J.A.
SHARLOW J.A.
BETWEEN:
NEIL McFADYEN
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Ottawa, Ontario, on January 10, 2006.)
SHARLOW J.A.
[1] Notwithstanding the thorough submissions of the appellant, we are all of the view that the appellant's complaints under the Canadian Human Rights Act, R.S.C. 1985, c. H-6, cannot possibly succeed in the face of the decision of this Court that the statutory provisions relating to the GST rebate do not offend section 15 of the Canadian Charter of Rights and Freedoms:
McFadyen v. Canada, [2001] 1 C.T.C. 140, 2001 D.T.C. 5055 (F.C.A.), confirming [2000] 2 C.T.C. 2777 (T.C.C.). We see no relevant distinction between that legislation and the legislation relating to the fuel tax rebate. This appeal will accordingly be dismissed with costs.
"K. Sharlow"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-312-05
STYLE OF CAUSE: NEIL MCFADYEN
Appellant
v.
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Ottawa, Ontario
DATE OF HEARING: January 10, 2006
REASONS FOR JUDGMENT
OF THE COURT: ROTHSTEIN, NOËL & SHARLOW JJ.A.
RENDERED FROM THE
BENCH BY: SHARLOW J.A.
APPEARANCES:
Neil McFadyen APPELLANT ON HIS OWN BEHALF
Richard Casanova FOR THE RESPONDENT
SOLICITORS OF RECORD:
Neil McFadyen
Ottawa, Ontario APPELLANT ON HIS OWN BEHALF
John H. Sims, Q.C. FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario
Email this Content