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
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?
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
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