Date: 20240123
Docket: T-306-22
Citation: 2024 FC 31
Ottawa, Ontario, January 23, 2024
PRESENT: The Honourable Mr. Justice Mosley
BETWEEN:
CANADIAN FRONTLINE NURSES and KRISTEN NAGLE
Applicants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
UPON an application for judicial review filed on February 18, 2022 in respect of the Order in Council PC Number: 2022-106 proclamation of a public order emergency issued February 14, 2022 (the “Public Order Emergency Proclamation”) pursuant to subsection 17(1) of the Emergencies Act, RSC 1985, c 22 (4th Supp) (the “Emergencies Act”);
AND UPON the motion of the Respondent, the Attorney General of Canada, filed on April 11, 2022 to strike the Application on the basis that the applicants lacked standing and the underlying application is moot;
AND UPON reading the materials filed and hearing the oral representations of counsel for the parties on April 3, 2023;
AND UPON determining that the Applicants lack standing to bring the underlying application for reasons provided separately;
AND UPON considering that the Respondent has not requested costs.
THIS COURT ORDERS that:
The application is dismissed.
No costs are awarded.
"Richard G. Mosley"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
T-306-22
STYLE OF CAUSE:
CANADIAN FRONTLINE NURSES and KRISTEN NAGLE V THE ATTORNEY GENERAL OF CANADA
PLACE OF HEARING:
ottawa, ONTARIO
DATE OF HEARING:
April 3-5, 2023
judgment:
MOSLEY J.
DATED:
january 23, 2024
APPEARANCES:
David G. Cowling
Alexander Boissonneau-Lehner
For The ApplicantS
Christopher Rupar
John Provart
David Aaron
Kathleen Kohlman
For The Respondent
SOLICITORS OF RECORD:
Johnstone & Cowling LLP
Toronto, Ontario
For The ApplicantS
Attorney General of Canada
Toronto, Ontario
For The Respondent