Jan 20, 2017

Constitutional Law: Costs

Galati v. Harper, 2016 FCA 39 (CanLII)

The Applicants, Mr. Galati and the Constitutional Rights Centre Inc., brought an application in Federal Court to challenge the appointment of Justice Marc Nadon to the S.C.C. Shortly thereafter, the Governor in Council referred two questions relating to the challenged appointment to the S.C.C. On motion by the Attorney General of Canada, the application was stayed on consent, pending the release of Reference re Supreme Court Act, ss. 5 and 6, 2014 SCC 21, [2014] 1 S.C.R. 433. Both Applicants were granted intervener status and appeared at the hearing of the Reference. Following the release of the Reference, the Applicants brought identical motions seeking a declaration where a private citizen brings a constitutional challenge to legislation and/or executive action, going to the “architecture of the Constitution”, from which he/she derives no personal benefit, per se, and is successful on the constitutional challenge, he/she is entitled to solicitor-client costs of those proceedings, as to deny those costs constitutes a breach of the constitutional right to a fair and independent judiciary. Federal Court: application dismissed, cost motions dismissed. Fed. C.A.: appeal dismissed. "The application for leave to appeal...is dismissed with costs."