Calls for a new judicial review
TORONTO – Former CRTC commissioner Raj Shoan has filed an application with the Federal Court seeking a judicial review of his most recent dismissal from his position as Ontario commissioner for the CRTC.
Shoan was relieved of his duties for the second time on May 4th, just four days after returning to the job after his appointment was first rescinded last June. Shoan went back to work after a Federal Court judge set aside the Governor-in-Council’s June 2016 decision to rescind his appointment.
Heritage Minister Melanie Joly terminated his appointment last year for various reasons, which focused on a workplace harassment complaint and investigation which was set aside by a different Federal Court judge, as well as for what her office termed as “inappropriate contact with CRTC stakeholders.” (Ed note: Follow the links for the full backstory.)
Shoan’s application was submitted to the court on Friday, June 2, 2017 and it notes that the court “set aside the GIC's June 23, 2016 decision that terminated Commissioner's Shoan's appointment, finding that Commissioner Shoan was deprived procedural fairness in the process resulting in the GIC's decision. Specifically, this Court expressed concern with the fact that the government refused to meet with Commissioner Shoan prior to making its decision. Accordingly, the GIC's termination order was quashed,” reads his June 2nd 2017 filing.
When he was terminated on May 4th, “no further correspondence or consultation of any kind occurred subsequent to this Court's April 28, 2017 decision. Instead, the GIC proceeded immediately to terminate Commissioner Shoan's appointment without any further consultation or discussion. Commissioner Shoan was not provided with any reasons as to why the GIC deemed a further meeting or consultation to be unnecessary in light of this Court's April 28, 2017 decision,” explains his application.
It's not yet known when the court will hear this case.
UPDATED: Shoan has filed a new affidavit in support of his appeal. It can be found here.