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ARTICLE · 29 SEPTEMBER 2011

Gagliano v Gomery And The Attorney General (Canada)

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The Honourable Alfonso Gagliano (the "appellant") appealed the decision of the Federal Court to dismiss his application for judicial review of a report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (the "Sponsorship Inquiry").

CanadaLitigation, Mediation & Arbitration
Jessica Eisen
Jessica Eisen
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2011 FCA 217 (Released June 29, 2011)

Administrative Law – Natural Justice – Bias – Public Inquiries

The Honourable Alfonso Gagliano (the "appellant") appealed the decision of the Federal Court to dismiss his application for judicial review of a report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (the "Sponsorship Inquiry"). The Sponsorship Inquiry, led by Commissioner John Gomery, was mandated to investigate allegations of corruption and mismanagement of a federal program purportedly designed to promote national unity by advertising federal programs and initiatives. The report in dispute was the Phase I Report of the Sponsorship Inquiry, entitled "Who is Responsible – Fact Finding Report" (the "report"). The report concluded that responsibility for the program's problems lay in part with the appellant, who had served as Minister of Public Works and Government Services Canada.

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