A-122-74
Morris Jerome Smith (Appellant)
v.
The Queen (Respondent)
Court of Appeal, Thurlow and Pratte JJ. and
Mackay D.J.—Toronto, October 23 and 25,
1974.
Judicial review—Whether ministerial `direction" is a
"decision" reviewable under s. 28 of the Federal Court Act—
Narcotic Control Act, R.S.C. 1970, c. N-1, s. 10(7), (8).
APPLICATION for judicial review.
COUNSEL:
A. S. Price for appellant.
G. R. Garton for respondent.
SOLICITORS:
Price and Black, Toronto, for appellant.
Deputy Attorney General of Canada for
respondent.
The following are the reasons for judgment of
the Court delivered orally in English by
THURLOW J.: We are all of the opinion that
the direction of the Minister under subsection
10(7) of the Narcotic Control Act is not a
decision that is required by law to be made on a
judicial or a quasi-judicial basis and is therefore
not reviewable under section 28 of the Federal
Court Act. The Minister's power under that
subsection, as well as under subsection 10(8), in
our view, is merely custodial and not a power to
decide any question of title to property.
The application is therefore dismissed.
You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.