The respondents appealed a CRTC decision approving a telephone rate increase to the Governor in Council under s. 64(1) of the National Transportation Act.
The Governor in Council denied the petitions without providing the respondents an opportunity to respond to submissions from government officials and the CRTC.
The respondents sought a declaration that the Governor in Council owed them a duty of fairness.
The Supreme Court of Canada held that the Governor in Council was exercising a legislative function and was not subject to a duty of fairness or natural justice in these circumstances.
The appeal was allowed and the action dismissed.
