Digests

Inquiries

Appeal from Federal Court decision (2008 FC 802, [2009] 2 F.C.R. 417) allowing judicial review by Right Honourable Jean Chrétien (respondent) against certain findings made by Honourable John H. Gomery, as Commissioner of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (Commission)—Appellant alleging applications Judge (1) applied reasonable apprehension of bias test too rigidly, (2) interpreted general statements as proof of bias against respondent, wrongly attributed Commission spokesperson’s comments to Commissioner—With regard to first allegation, applicant contending applications Judge failing to give effect to distinction between bias in judicial, commission of inquiry settings—However, applications Judge mindful of such distinction throughout decision—Applications Judge’s conclusions not based on any single event, but cumulative effect of numerous events—As to reliance on general statements, open to applications Judge to hold that such comments could be viewed as directed against respondent—No reviewable error with regard to applications Judge’s conclusion that certain statements made by Commission’s spokesperson were to be attributed to Commissioner, considering strong evidentiary basis—Court specifically endorsing comments made by applications Judge with regard to communications with media during commissions of inquiry—Appeal dismissed.

Chrétien v. Canada (Ex-Commissioner of the Commission of Inquiry into the Sponsorship Program and Advertising Activities) (A-46-08, 2010 FCA 283, Noël J.A., judgment dated October 26, 2010, 5 pp.)