Gardner v. Canada (Attorney General), 2004 FCA 322

Date: 20040928

Docket: A-235-04

Citation: 2004 FCA 322

Present:           SHARLOW J.A.

BETWEEN:

                                                         SHERIDAN GARDNER

                                                                                                                                            Appellant

                                                                           and

                                             ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                                                           and

                                     CANADIAN HUMAN RIGHTS COMMISSION

                                                                                                                                          Intervener

                                        Dealt with in writing without appearance of parties.

                                Order delivered at Ottawa, Ontario on September 28, 2004.

REASONS FOR ORDER BY:                                                                                   SHARLOW J.A.

Date: 20040928

Docket: A-235-04

Citation: 2004 FCA 322

Present:           SHARLOW J.A.

BETWEEN:

                                                         SHERIDAN GARDNER

                                                                                                                                            Appellant

                                                                           and

                                             ATTORNEY GENERAL OF CANADA

                                                                                                                                        Respondent

                                                                           and

                                     CANADIAN HUMAN RIGHTS COMMISSION

                                                                                                                                          Intervener

                                                        REASONS FOR ORDER

SHARLOW J.A.

[1]                The appellant Sheridan Gardner has appealed a judgment of the Federal Court dismissing her application for judicial review of a decision of the Canadian Human Rights Commission (CHRC): see Gardner v. Canada (Attorney General), 2004 FC 493, [2004] F.C.J. No. 616 (QL). The CHRC was an intervener in the Federal Court proceedings pursuant to an order dated January 28, 2003, granting leave to intervene.

[2]                The notice of appeal filed by Ms. Sheridan named CHRC as an intervener. However, CHRC has not sought or obtained leave to intervene in the appeal.

[3]                In an appeal of a judgment of the Federal Court relating to an application for judicial review, the maker of the decision under review has no status in this Court except as provided by statute or by leave of this Court under Rule 109 of the Federal Court Rules, 1998, SOR/98-106: see Canada (Canadian Human Rights Commission) v. Canada (Attorney General) (F.C.A.), [1994] 2 F.C. 447. Although that case was decided under the former Federal Court Rules, C.R.C. 1978, c. 663, the analysis under the current rules is the same.

[4]                I am aware of no statute that gives CHRC the right to intervene in appeals such as this one. Therefore, CHRC cannot intervene without leave under Rule 109.

[5]                This would be a sufficient basis for an order, on my own motion, to amend the style of cause to remove CHRC as intervener. However, as this matter is very close to being ready for a hearing, it is more convenient to defer that step and instead give CHRC time to make an appropriate motion under Rule 109. An order will be made setting a deadline for the filing of the notice of motion, and providing for the amendment of the style of cause only if the motion is not made within the deadline, or if the motion is not granted.

         (s) "K. Sharlow"           

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                   A-235-04

STYLE OF CAUSE: Sheridan Gardner and Attorney General of Canada

and Canadian Human Rights Commission

DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY:                      SHARLOW J.A.

DATED:                                                          September 28, 2004

SOLICITORS OF RECORD: