FavoriteLoadingSave to briefcase | Rating: | By (2012)

  • PrintEmail Link
  • Viewed 853 times | Saved to 322 briefcases
Brown v Alberta (1999), 177 DLR (4th) 349 (Alta. CA)

Facts:

Brown was seeking an order declaring the provision in the Constitution Act, 1867 (providing appointment of senators by the GG) are contrary to democratic principles. Senators must be appointed consistent with the provisions of the Alberta statute – the Senatorial Selection Act.
The AG applied to strike out the order
At trial level – judge said court had no jurisdiction, since there was no legal interest engaged. It was plain and obvious that it could not succeed because it disclosed no cause of action.
This is appeal level

Issue(s):

Is the appointment process of Senators democratic?
Do senators appointed from Alberta must be appointed in a manner consistent with the processes of the Senatorial Selection Act?

Ratio:

A case must have a legal issue for the court to have jurisdiction to hear and rule on the case

The legislature can elect any Senator they want, they do not have to elect from the Senatorial Selection Act in Alberta

Holding:

Browns claim does not raise a legal issue, which is required by the existing law.
Thus the court does not have jurisdiction to grant declaratory relief – appeal dismissed


Leave a Comment

You must be logged in to participate.

This document is a general discussion of certain legal and related issues and must not be relied upon as legal advice. This document may not have been written or reviewed by a legal practitioner. For more information, please see the website Terms of Service.