Judgement by the Federal Court on the Application for Judicial Review lodged 21.04.2016 against the Canadian Minister of Foreign Affairs

The Court finds that the applicant has standing with respect to the reasonableness of the Minister’s decision to issue export permits, however, concludes that the decision was acceptable.

In particular, the court concludes it is competent to scrutinise the reasonableness of the decision as the applicant has a public interest, however, the court concluded that the applicant was not directly affected by the procedural aspects of the decision and it would not consider those aspects of the applicant’s claim. The court also finds that the applicant does not have standing to raise a violation of Common Article 1 of the Geneva Conventions.

On the reasonableness of the decision, the court concludes that the Minister’s discretion was exercised in good faith and had considered the relevant factors to be considered as an acceptable outcome in respect of facts and law. The application is dismissed.

Read the claimant’s original application for judicial review here.