Canada ( Attorney General ) v. Cormier
T-598-95
Rouleau J.
23/10/95
6 pp.
Application to strike originating notice of motion-Respondent appointed as Commissioner of Canadian Pension Commission to hold office during good behaviour for ten years effective February 2, 1993-Allegedly registered on voters' list, voted in Prince Edward Island 1993 election, although not eligible to be registered as elector pursuant to P.E.I. Election Act, s. 20-Originating notice of motion alleging respondent engaging in conduct incompatible with standard of good behaviour expected of holder of public office-Seeking declaration office held by respondent vacant, order in nature of quo warranto removing respondent as member of Canadian Pension Commission, pursuant to Federal Court Act, s. 18.1-Application dismissed-As respondent "federal board, commission, or other tribunal" as defined in Federal Court Act, s. 2, subject to Federal Court's jurisdiction-Federal Court, Trial Division having jurisdiction to issue writ of quo warranto against individual exercising jurisdiction or powers specified in s. 2: Jock v. Canada, [1991] 2 F.C. 355 (T.D.)-As respondent exercising power conferred by Pension Act, exercising powers conferred by Act of Parliament-As holder of public office, respondent having responsibility to act in manner consistent with terms of appointment-Behaviour, either in professional or personal life, having consequences on how public perceives him-Federal Court Act clearly stating Court having jurisdiction to issue writ of quo warranto and/or declaration-As serious question of law involved, case needs to be fully argued and should not be dismissed at early stage of proceedings-Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (as am. by S.C. 1990, c. 8, s. 1), 18 (as am. idem, s. 4), 18.1 (as enacted idem, s. 5)-Federal Court Rules, C.R.C., c. 663, RR. 5, 419, 1602(2)(e) (as enacted by SOR/90-43, s. 19)-Election Act, R.S.P.E.I. 1988, c. E-1, s. 20.