Houle v. Minister of Employment and Immigration et al., (1988) 86 N.R. 38 (FCA)

• Judge: Urie, Mahoney and MacGuigan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: January 20, 1988
• Jurisdiction: Canada (Federal)
• Citations: (1988), 86 N.R. 38 (FCA)

Houle v. MEI (1988), 86 N.R. 38 (FCA)

MLB headnote and full text

Jean-Pierre Houle, one of Her Majesty's Counsel learned in the law (appellant/plaintiff) v. Her Majesty in Right of Canada as represented by the Minister of Labour and Immigration and Chairman, Immigration Appeal Board (respondents/defendant)

(No. A-168-87)

Indexed As: Houle v. Minister of Employment and Immigration et al.

Federal Court of Appeal

Urie, Mahoney and MacGuigan, JJ.

January 20, 1988.

Summary:

In 1969 Houle was appointed by Privy Council order as vice-chairman of the Immigration Appeal Board. In 1984 his designation was terminated by the Governor General in Council under s. 61(1) of the Immigration Act, 1976. Houle commenced an action for a determination of whether the Governor General in Council had authority under the 1976 Act to terminate his appointment at pleasure. The Federal Court of Canada, Trial Division, in a decision reported 9 F.T.R. 248, dismissed Houle's action, holding that Houle's designation could be revoked at pleasure. Houle appealed.

The Federal Court of Appeal dismissed the appeal.

Crown - Topic 5127

Officials and employees - Appointment and employment - Termination of - In 1969 Houle was appointed by Privy Council order as vice-chairman of the Immigration Appeal Board - In 1984 his designation was terminated by the Governor General in Council under s. 61(1) of the Immigration Act, 1976 - The Federal Court of Appeal affirmed that the Governor General in Council had authority under the 1976 Act to terminate Houle's designation at pleasure.

Statutes Noticed:

Immigration Act, 1976, S.C. 1976-77, c. 52, generally [para. 1].

Counsel:

Gordon F. Henderson, Q.C., and Martin W. Mason, for the appellant;

Dogan D. Akman, for the respondents.

Solicitors of Record:

Gowling & Henderson, Ottawa, Ontario, for the appellant;

Frank Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This appeal was heard in Ottawa, Ontario, on January 20, 1988, before Urie, Mahoney and MacGuigan, JJ., of the Federal Court of Appeal. The decision of the Court of Appeal was delivered orally on January 20, 1988, from the Bench, by Urie, J.