Samson v. Canada ( Attorney General )
T-1706-98
McGillis J.
1/9/98
5 pp.
Senate-Application for interlocutory injunction to restrain Governor General of Canada from appointing to Senate qualified person from Province of Alberta unless elected pursuant to provisions of Alberta Senatorial Selection Act-Constitution Act, 1867, ss. 24 and 32 expressly conferring on Governor General unfettered discretion to appoint qualified persons to Senate-No procedural or other limitations restricting exercise of Governor General's discretionary constitutional power of appointment under ss. 24 and 32-Limitation could only be imposed thereon by means of constitutional amendment-In circumstances, Court cannot impose procedural or other limitations on Governor General's express power of appointment to Senate-Power of appointment to Senate also purely political in nature-Governor in Council recommendation ignoring pending election to be held in Alberta under provisions of Senatorial Selection Act made at own political peril-Purely political decision to be made by politicians, without interference or intervention of Court-Previous appointment of elected senator from Alberta in 1990 not precedent or convention altering express wording of Constitution Act, 1867-Applicants' claim political, not legal, in nature-Relief sought by applicants may only be attained in political arena by means of constitutional amendment-Therefore, no serious issue to be tried-Application dismissed-Senatorial Selection Act, R.S.A., c. S-11.5-Constitution Act, 1867, 30 & 31 Vict., c. 3 (U.K.) [R.S.C., 1985, Appendix II, No. 5], ss. 24, 32.