Monday, April 22, 2013

file T-2096-12: IN THE MATTER OF MR KEVIN PAGE, PARLIAMENTARY BUDGET OFFICER v. MR THOMAS MULCAIR, LEADER OF THE OPPOSITION AND THE ATTORNEY GENERAL OF CANADA, AND THE SPEAKER OF THE SENATE OF CANADA AND THE SPEAKER OF THE HOUSE OF COMMONS AS PARTICIPANTS Summary:



file

T-2096-12:


IN THE MATTER OF MR KEVIN PAGE, PARLIAMENTARY BUDGET

OFFICER v. MR THOMAS MULCAIR, LEADER OF THE OPPOSITION AND

THE ATTORNEY GENERAL OF CANADA, AND THE SPEAKER OF THE

SENATE OF CANADA AND THE SPEAKER OF THE HOUSE OF COMMONS

AS PARTICIPANTS

Summary:


The Federal Court dismisses the application brought by the Parliamentary


Budget Officer.

The Parliamentary Budget Officer referred the following questions of law and

jurisdiction to the Federal Court:

1. Whether it is within the Parliamentary Budget Officer’s jurisdiction, pursuant

to

Parliament of Canada Act RSC 1985, c P-1, s. 79.2, to analyze:


a. the extent to which the fiscal savings that are outlined in the Government’s

Budget are achievable or likely to be achieved; and

b. the extent to which the achievement of the savings there outlined would

result in fiscal consequences in the longer term.

2. Whether it is within the Parliamentary Budget Officer’s jurisdiction, pursuant

to

Parliament of Canada Act RSC 1985, c P-1, s.79.3, to request from


departments their planned fiscal savings premised on staffing reductions.

The Court concludes, notwithstanding parliamentary privilege, that it has jurisdiction to

answer the questions, but declines to answer them on the grounds of non-justiciability.

The Court finds that the questions posed are hypothetical and that no refusal to provide

data is contained in the record before it as the Parliamentary Budget Officer has never

actually requested data from any department at the instance of the Leader of the

Opposition.

A copy of the decision can be obtained via the Web site of the Federal Court: http://casncr-

nter03.cas-satj.gc.ca/portal/page/portal/fc_cf_en/Index