ADMINISTRATIVE LAW |
Judicial Review |
Certiorari |
Brunico Communications Inc. v. Canada (Minister of Canadian Heritage)
T-1287-03
2004 FC 643, von Finckenstein J.
30/4/04
13 pp.
Judicial review of Minister's decision disqualifying applicant for funding--Applicant, business communications company, owns two national, bi-weekly tabloid-sized publications--Respondent Minister responsible for Support for Editorial Content Grant Program, providing funds to eligible magazine publishers--Application under Program to be submitted by October 15 of each year--Applicant's application for 2000-2001 cycle, submitted in October 2000, approved--Applicant's application for 2001-2002 cycle submitted in October 2001--Definition of eligible magazines, test for distinguishing between newspapers and tabloids, although adopted in January 2002 and set out in applicant's Guide for 2002-2003, applied to ongoing funding cycle for 2001-2002, meaning applicant ineligible for funding during 2001-2002 cycle--2002-2003 Guide made available in August 2002, applicants given opportunity to revise publications by December 31, 2002 to meet new definition-- Applicant availed itself of opportunity and its 2002-2003 funding cycle application approved--Applicant seeking judicial review of decision disqualifying it for funding for 2001-2002--Minister owed applicant duty of fairness because decision of an administrative nature which affected privileges, interests of applicant--Level of procedural fairness owed low since decision primarily administrative in nature, made pursuant to broad discretionary power in a non-adversarial context, and open to applicant to apply for funding following year--By applying rules set out in 2002-2003 Guide to applications received for 2001-2002, Minister violated procedural fairness rule that an applicant should know case has to meet, and violated legitimate basic expectation held by applicant that Minister would act in accordance with own published Guide--Where eligibility for program benefits determined by past performance, rules cannot be changed midstream without transitional provisions or advance notice--Application allowed.