Date: 19980326

Docket: A-559-94

CORAM:      STONE J.A.

         DESJARDINS J.A.

         LÉTOURNEAU J.A.

BETWEEN:

ROBERT GILLES GAUTHIER - THE NATIONAL CAPITAL NEWS,

     Appellants

     - and -

DIRECTOR OF INVESTIGATION AND RESEARCH

     Respondent

Heard at Ottawa, Ontario, on Thursday, March 26, 1998.

Delivered from the Bench at Ottawa, Ontario, on Thursday, March 26, 1998.

REASONS FOR JUDGMENT OF THE COURT BY:      STONE J.A.

Date: 19980326

Docket: A-559-94

CORAM:      STONE J.A.

         DESJARDINS J.A.

         LÉTOURNEAU J.A.

BETWEEN:

ROBERT GILLES GAUTHIER - THE NATIONAL CAPITAL NEWS,

     Appellants

     - and -

DIRECTOR OF INVESTIGATION AND RESEARCH

     Respondent

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered from the Bench at Ottawa, Ontario, Thursday, March 26, 1998)

STONE J.A.

[1]      This is an appeal from a decision of Joyal J. of October 12, 1994, dismissing the appellants' application for various remedies pursuant to section 18 of the Federal Court Act. The remedy sought were in relation to the respondent's decision of February 4, 1993 and to a report by him to the Minister of March 15, 1993, arising out of the appellants' complaint that, contrary to the provisions of the Competition Act R.S.C. 1985, c. C-34, they had been excluded by the Canadian Parliamentary Press Gallery ("CPPG") "...to access...all sources of the news on the same basis as members of the CPPG".

[2]      The decision of the respondent concluded with the following paragraph:

For the reasons indicated above, we do not believe that the actions of the CPPG, in denying you, your employees or representatives, active memberships, are contrary to the Part VI provisions of the Act or that, because of such denials, grounds exist for the making of an order by the Competition Tribunal under Part VIII of the Act. Accordingly, I wish to notify you that I intend to discontinue this inquiry.

[3]      In this Court the appellants contended that Joyal J. erred in not concluding that the decision and report were flawed because they were based to some extent on inaccurate information and, secondly, that Joyal J. had denied the appellants a fair and impartial hearing in accordance with natural justice.

[4]      On the record before us we are not persuaded that Joyal J. erred in refusing to interfere with the respondent's decision and report on the basis that some of the information referred to by the respondent in his decision was inaccurate. Nor, in our view, have the appellants made out their contention that a fair and impartial hearing in accordance with natural justice was denied. The record, in our view, does not support this contention.

[5]      The appeal will therefore be dismissed.

     "A.J. STONE"

     J.A.

     FEDERAL COURT OF APPEAL

    

Date: 19980326

Docket: A-559-94

BETWEEN:

ROBERT GILLES GAUTHIER - THE NATIONAL CAPITAL NEWS

     - AND -

DIRECTOR OF INVESTIGATION AND RESEARCH

    

     REASONS FOR JUDGMENT