[2] Firstly, we are satisfied that the presiding member of the Competition Tribunal, Madam Justice Dawson, made no error in concluding that by reason of Parliament's privilege to control access to the House of Commons and its precincts, and to regulate its internal affairs, the Competition Tribunal was without jurisdiction to make the order sought by the appellant under s. 75 of the Competition Act.

[3] Secondly, we are also satisfied that the issues before us are res judicata. Specifically, in Gauthier v. Canada (Speaker of the House of Commons) (1994), 25 C.R.R. (2d) 286, the Ontario Court (General Division) decided the precise issue before us, i.e. whether the Speaker of the House could deny the appellant access to the facilities of the Press Gallery on the same terms as the members of the Canadian Parliamentary Press Gallery.

[4] For these reasons, this appeal will be dismissed with costs..

"M. Nadon"

J.A.

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET: A-19-03

APPEAL FROM A DECISION OF DAWSON, J. OF THE COMPETITION TRIBUNAL DATED DECEMBER 13, 2002

STYLE OF CAUSE: Robert Gilles Gauthier v. Peter Milliken M.P.

PLACE OF HEARING: Ottawa

DATE OF HEARING: January 21, 2004

REASONS FOR JUDGMENT OF THE COURT: Desjardins, Nadon, Pelletier JJ.A.

DELIVERED FROM THE BENCH BY: Nadon J.A.

APPEARANCES:

Mr. Terrance Green

Ms. Anne Vespry

FOR THE APPELLANT

Mr. Steven Chaplin

FOR THE RESPONDENT

SOLICITORS OF RECORD:

Terrance J. Green, Barrister & Solicitor

Ottawa, Ontario

FOR THE APPELLANT

Office of the Law Clerk and Parliamentary Counsel, Ottawa, Ontario

FOR THE RESPONDENT

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Gauthier v. Canada (Speaker of the House of Commons), 2004 FCA 27

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2004 FCA 27