McGill v. Canada ( Minister of National Defence )
T-1198-94
Pinard J.
24/3/95
7 pp.
Application for judicial review of decision by H. G. Halliday to approve release of applicant from Canadian Forces under art. 15.01 of Queen's Regulations and Orders for the Canadian Forces (QR&O) -- Halliday, at time of impugned decision, not "officer" within meaning of QR&O, but "civilian employee of Department of National Defence" -- Under QR&O, art. 15.01, read together with Act, s. 49 and QR&O, art. 1.13, person not officer as defined in QR&O, art. 1.02 has no authority to approve release of subordinate officer like applicant -- Decision by Halliday to approve release of applicant from Canadian Forces invalid, must be set aside -- Application allowed -- National Defence Act, R.S.C., 1985, c. N-5, s. 49 -- Queen's Regulations and Orders for the Canadian Forces, Art. 1.02, 1.13, 15.01.