Focus On

JUDICIAL REVIEW AND STATUTORY APPEAL - Jurisdiction of court to review

Thursday, December 05, 2019 @ 8:01 AM  

Lexis Advance® Quicklaw®
Appeal by Lipskaia from a decision dismissing his application for judicial review of a decision of the Passport Division to revoke the appellant’s passport on the basis that it was obtained on fraudulent information. The appellant argued the Federal Court had no authority to disregard an order of a superior provincial court directing the provincial registrar to register a birth certificate in the name of Lipskaia in accordance with the Vital Statistics Act. He also argued that his right to a fair hearing was breached and that the Federal Court erred in connecting him to Randall Robert Wiese. He argued Lipskaia was never legally served at any time with any notice that his passport had been revoked. There was never a finding of a crime against Lipskaia as all the correspondence and various forms of communications in these proceedings were addressed to Randall Wiese.

HELD: Appeal dismissed. The Federal Court did not ignore a court order but found that it was reasonable for the Passport Division to prefer the most recent information from the Alberta government agencies that the registration of birth of Lipskaia was no longer valid because it was based on fraudulent information. The Federal Court had the power to review decisions from the Passport Division in accordance with s. 18.1(1) of the Federal Courts Act. The appellant knew the case against him, received all relevant documents and had a fair opportunity to respond to the submissions made against him. His complaint about the name on the correspondence delivered to his attention was one more of form than of substance. He fully participated in the hearings before the Passport Division and the Federal Court. The process was fair. Despite the continued uncertainty of the validity of the birth certificate issued in the name of Lipskaia, the record contained further strong evidence of the appellant’s identity being Randall Robert Wiese. The evidence before the Passport Division was overwhelming. It was reasonable for it to find that the appellant obtained the passport in the name of Lipskaia by providing false or misleading information and to revoke the passport.

Lipskaia v. Canada (Attorney General), [2019] F.C.J. No. 1214, Federal Court of Appeal, Y. de Montigny J.A. and M. Rivoalen A.C.J. and G.R. Locke J.A., October 23, 2019. Digest No. TLD-December22019010