Friday, February 4, 2011

Stephen Harper's Privy Council Decisions, 2006-2011

The finely tuned Governor-in-Council

"[39] Section 12(8) of the Telecommunications Act stipulates that when the Governor in Council makes an order such as this, reasons shall be set out. Mr. Heintzman, Counsel for Globalive, described the structure of the Governor in Council's document as being one in which the section 12 Order is set out in the "Whereas" pages and the decision under section 16 as to whether Globalive is in fact not controlled by non-Canadians is set out in the Schedule. Mr. MacKinnon, for the Attorney General, argued that both the "Whereas" portion and the Schedule can be said to constitute the Order and the Reasons. Counsel for the Applicant and those supporting the Applicant were puzzled as to what portion of these documents can be said to be the Reasons."

2011 FC 130