When a Vacancy happens in the Senate by Resignation, Death, or otherwise, the Governor General shall by Summons to a fit and qualified Person fill the Vacancy. Constitution Act, 1867, s. 32

On December 8, 2014, a Notice of Application for Judicial Review was filed in the Federal Court seeking a declaration that, among other things, the Prime Minister of Canada is constitutionally required to recommend appointments to fill the (then) 16 vacancies in the Senate of Canada. (An Amended Notice of Application was filed on May 25, 2015.)

The judicial review application followed public comments made by Prime Minister Stephen Harper on December 4, 2014 indicating that he did not intend to fill the vacancies so long as the Senate remained able to pass government legislation.

On May 21, 2015, Mr. Justice Sean Harrington of the Federal Court dismissed a motion by the government seeking to dismiss the case. A copy of the reasons for order are available here. A copy of the transcript from the hearing is available here. The government has appealed the Federal Court’s decision. On January 25, 2016, the Federal Court of Appeal dismissed Canada’s appeal of the Federal Court decision.

The application for judicial review was heard on June 22, 2016. Justice O’Reilly reserved judgment after hearing oral submissions from the parties. A copy of the complete court transcript is available here.

On October 13, 2016, the Federal Court issued judgment and reasons in the application for judicial review concerning unfilled Senate vacancies. The Court dismissed the application on grounds of mootness, without expressing any view about the underlying merits of the application or the other grounds on which the respondents sought to dismiss it. The Court also ordered that Mr. Alani pay the government’s costs of the litigation.

All materials and evidence in respect of the judicial review application and appeal have been filed in Court. Copies are available for download here. Links to media reports concerning the litigation can be found here.

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In response to a number of inquiries from friends, colleagues, the media, academics and others regarding the content and status of the judicial review application, this web site was set up to provide background information and updates on the court proceeding.

Except as indicated in a court order or reasons for judgment, nothing in the materials linked from this site should be considered to be a finding of law or fact.