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
