FEDERAL COURT JURISDICTION |
Appeal Division |
Pachul v. Canadian Radio-television and Telecommunications Commission
A-42-02
2002 FCA 165, Sharlow J.A.
30/4/02
8 pp.
Motion for order dismissing application for judicial review on ground judicial review not open to applicant--CRTC treating appeal from order requiring applicant to cease and desist carrying on broadcasting undertaking without licence or exemption from CRTC, as application for reconsideration-- Rejecting "appeal" in Decision CRTC 2001-778--Court not having jurisdiction to hear application for judicial review of that decision--Federal Court Act, s. 28(1)(c) giving Court of Appeal jurisdiction to hear, determine applications for judicial review made in respect of Canadian Radio-television and Telecommunications Commission--S. 28(2) providing ss. 18 to 18.5 apply in respect of any matter within Court of Appeal's jurisdiction--Pursuant to s. 18.5, where Act of Parliament expressly providing for appeal from order of federal board, commission or other tribunal, order not, to extent may be appealed, subject to judicial review-- Broadcasting Act, s. 31(2) providing for appeal to Federal Court of Appeal from order of Commission on question of law or jurisdiction--Applicant raising questions of law, jurisdiction--Analogous to issues considered in Canadian Broadcasting League v. Canadian Radio-television and Telecommunications Commission [No.1], [1980] 1 F.C. 393 (C.A.) wherein Court held such grounds of attack may be raised by way of appeal and therefore could not be subject of application for judicial review--Decision CRTC 2001-778 subject to appeal under s. 31--Application for judicial review dismissed--Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.5, (as am. by S.C. 1990. c. 8, s. 5), 28(1)(c) (as am. idem, s. 8) (2) (as am. idem)--Broadcasting Act, S.C. 1991, c. 11, s. 31.