Anderson v. Canada ( Operations Officer, Fourth Maritime Operations Group )
T-815-95
Muldoon J.
1/11/95
12 pp.
Interlocutory motion on behalf of respondents for orders striking out applicant's request for judicial review of decision to place applicant on counselling and probation on basis not decison or order of federal board, commission or other tribunal pursuant to Federal Court Act, s. 18.1, and, in alternative, order striking six of seven respondents, and, in further alternative, order granting respondents 30-day extension-Action against applicant as result of summary investigation of series of events involving alleged harassment and abuse by applicant-Network of respondents unduly complicated because of overlapping disciplinary hierarchy described in Queen's Regulations and Orders and in Canadian Forces Administrative Order-Given fact certain, if not most applicants seeking redress of grievances with aid of private counsel will not have sufficient resources to go all way to top (Chief of Defence Staff (CDS) or Minister of National Defence), Court proposing proper and sensible procedure for such future proceedings at law as present case, applicable unless and until disapproved by Court of Appeal-In cases as herein, two respondents appropriate, Minister and Chief of Defence Staff, representing civil authority and subordinate military authority, who can serve as overall respondents in all national defence cases where judicial review sought-Necessary to wait outcome of first level of redress of grievance procedure before invoking judicial review, as applicant did herein-First part of respondents' motion dismissed without costs and applicant free to adopt or not proposal to narrow crowd of respondents to CDS and Minister-Second part of motion, to have only one respondent designated, dismissed-Motion for extension of time granted-Federal Court Act, R.S.C., 1985, c. F-7, s. 18.1 (as enacted by S.C 1990, c. 8, s. 5).