[2012] 4 F.C.R. D-5
Telecommunications
Motion for order staying certain decisions, directives, policies made by Canadian Radio-television and Telecommunications Commission (CRTC)—Moving parties arguing these decisions, directives, policies adversely affecting their members by exposing them to greater competition, detrimentally changing subsidies, other payments they receive—Essentially, moving parties seeking stay from Federal Court of Appeal (Court) even though only appeals on merits made to Governor in Council—Governor in Council having, pursuant to Telecommunications Act, S.C. 1993, c. 38, power to stay CRTC decisions—Whether Court having any jurisdiction to entertain stay motion in circumstances where only appeal is before Governor in Council—Court indeed having jurisdiction to grant injunctive relief (such as stays) concerning administrative proceedings, decisions, even in circumstances where no proceeding before Court, pursuant to Federal Courts Act, R.S.C., 1985, c. F-7, ss. 44, 50—However, scope of Court’s jurisdiction under these sections unclear—Two predominant views in case law—Court herein subscribing to view its jurisdiction full and plenary—This view maximizing Court’s ability to react to unusual circumstances while drawing upon rich case law on adequate alternative remedies to ensure administrative regimes respected, allowed to operate effectively—This view also more in accord with normal analytical framework applying in administrative matters—While Court having jurisdiction to entertain motion herein, discretionary bar existing against exercise thereof—Governor in Council adequate, available forum for obtaining remedy sought, moving parties not availing themselves of that forum—Conditions of urgency or emergency sufficient to overcome Court’s view on discretionary bar not demonstrated—Second discretionary bar Court’s ability to refer matter to another body with jurisdiction in circumstances where that body more appropriate or better suited to decide matter—In this case, that body Governor in Council—Motion dismissed.
Association des Compagnies de Téléphone du Québec inc. v. Canada (Attorney General) (12-A-23, 2012 FCA 203, Stratas J.A., order dated July 3, 2012, 18 pp.)