#209 - Huge Mandamus Decision by the Federal Court of Appeal

#209 - Huge Mandamus Decision by the Federal Court of Appeal

A discussion of the Federal Court of Appeal's decision in Benison v. Canada (Royal Canadian Mounted Police External Review Committee), 2026 FCA 53.


The decision opens with the following Supreme Court of Canada quote - "The common law system has always abhorred delay. In our system’s development of the courts’ supervisory role over administrative processes through mandamus, we see a crystallizing potential to compel government officers to do their duty and, in so doing, to avoid delay in administrative processes."


And it really drives home that allocation of resources in of itself justify delays, open ended delays are unacceptable, significant prejudice is not required, queue jumping does not in of itself preclude mandamus, and more.


Previous Borderlines podcast episodes where we discussed mandamus include episodes 57 and 117.

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