Evangelical Fellowship of Canada v. Canadian Musical Reproduction Rights Agency
A-371-99
Rothstein J.A.
30/6/99
4 pp.
Copyright-Application for writ of prohibition to prevent Copyright Board from proceeding with hearing to commence on August 24, 1999-Applicant alleging Board without jurisdiction to hear matter inter alia on basis part of Copyright Act invalid, contrary to Charter, ss. 2, 15-Issue whether writ of prohibition properly sought in Appeal Division-Application properly brought in Appeal Division-Federal Court Act, s. 28(1)(j) providing Court of Appeal has jurisdiction to hear and determine applications for judicial review made in respect of Copyright Board-Question as to whether, in complex jurisdictional matters involving Charter, Appeal Division should be first instance, and possibly last instance, to hear and determine such matters-How is appropriate factual basis to be established, especially in respect of Charter issues and, in particular, issues relating to Charter, s. 1-Does Board have jurisdiction to consider Charter issues relating to its jurisdiction and if so, should Board consider bifurcating its hearing so as to deal with and decide jurisdictional issue at outset?-All issues to be addressed on hearing of application for writ of prohibition-Federal Court Act, R.S.C., 1985, c. F-7, s. 28(1)(j) (as am. by S.C. 1990, c. 8, s. 8)-Copyright Act, R.S.C., 1985, c. C-42-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 1, 2, 15.