Construction of Statutes
Judicial review of decision by Passport Canada adjudicator ordering passport services be withheld from applicant for period of three years—Whether adjudicator acted beyond authority—Language of Canadian Passport Order, SI/81-86, s. 2 “Passport Canada” definition not purported to confer on Passport Canada authority to take actions enumerated therein—Statutory definition should not have substantive content—Inclusion of substantive content in definition herein drafting error—Order not explicitly describing scope, conditions for proper exercise of purported authority to withhold passport services as stand-alone sanction—Consequently, Passport Canada not empowered to withhold passport services as independent penalty for misuse of passport—Application allowed.
Hrushka v. Canada (Minister of Foreign Affairs) (T-2193-07, 2009 FC 69, Hansen J., judgment dated January 23, 2009, 9 pp.)