Ethics
Judicial review of decision by Conflict of Interest and Ethics Commissioner refusing to proceed with full investigation into applicant’s complaint—Commissioner not finding sufficient credible evidence Prime Minister, Minister of Justice in conflict of interest in violation of Conflict of Interest Act, S.C. 2006, c. 9, s. 2—Commissioner’s letter to applicant with respect to this conclusion not judicially reviewable by Court since Commissioner not issuing decision, order within meaning of Act, s. 66, Federal Courts Act, R.S.C., 1985, c. F-7, s. 18.1(3)—Applicant having no statutory right to have complaint investigated by Commissioner, latter having no statutory duty to act on it—Any statement made by Commissioner in letter having no binding legal effect—Court without jurisdiction to grant remedies requested by applicant—Application dismissed.
Democracy Watch v. Canada (Conflict of Interest and Ethics Commissioner) (A-174-08, 2009 FCA 15, Richard C.J., judgment dated January 21, 2009, 6 pp.)