ADMINISTRATIVE LAW
Judicial Review
Grounds of Review
Judicial review to quash order to stop pay, allowances of applicant suspended from duty under Royal Canadian Mounted Police Act (Act), R.S.C., 1985, c. R-10, s. 22(3)—Applicant arguing Stoppage of Pay and Allowances Regulations (Regulations), SOR/84-886 enacted thereunder ultra vires as impermissible sub-delegation of such powers to Commissioner (delegatus non potest delegare), invalid on policy grounds—Two opposing lines of authority examined (Brant Dairy Co. v. Ontario (Milk Commission), [1973] S.C.R. 131; Re Peralta and the Queen in right of Ontario et al. (1985), 16 D.L.R. (4th) 259 (Ont. C.A.))—Given overall scheme of Act, Regulations, delegation of power to Commissioner, person mandated to control, manage RCMP, not creation of “random power to administer” but appropriate, authorized delegation of power to suitable person—Delegation also not invalid on policy grounds for similar reasons—Application dismissed.
Kindratsky v. Canada (Attorney General) (T-1785-05, 2006 FC 1531, Hughes J., judgment dated 19/12/06, 11 pp.)