Question Period Note: Raj Shoan’s legal proceedings against the Government of Canada

An October 19, 2020 article in the Globe and Mail details the history of Mr. Raj Shoan’s legal proceedings against the Government of Canada following his 2017 dismissal by the Governor in Council as the Ontario Commissioner of the Canadian Radio-Television and Telecommunications Commission (CRTC), including his assertion that he was subject to “bigotry, discrimination and differential treatment” in his time at the CRTC.

• The proceedings brought forth by Mr. Shoan are currently before the Courts.
• As such, it would be inappropriate for the Government to comment on this matter.

• On October 19, 2020, the Federal Court of Appeal considered Mr. Raj Shoan’s appeal concerning the Governor in Council’s (GiC) decision to terminate (in 2017) his appointment as the Canadian Radio-Television and Telecommunications Commission (CRTC) Commissioner. The Court dismissed his appeal from the bench, with cost to be paid by Mr. Shoan to the Crown.
• Mr. Shoan was a CRTC Commissioner appointed for the region of Ontario. Amid a complaint of harassment filed against him by a then CRTC employee, the GiC decided in 2017 to terminate his appointment on the basis of certain actions he had taken which put into disrepute the credibility of the CRTC. Mr. Shoan had appealed his termination to the Federal Court. That court ultimately dismissed the appeal and found that the GiC decision was validly made and reasonable.
• Mr. Shoan filed another appeal of the GiC decision before the Federal Court of Appeal, as well as a motion to adduce fresh evidence.
• The Attorney General of Canada indicated in court filings that the appeal should be dismissed because Cabinet “clearly communicated” to Mr. Shoan the grounds for his firing: his inappropriate contact with stakeholders; his failure to follow internal CRTC processes with respect to access to information requests; and his negative public statements about the regulator.
• In parallel, Mr. Shoan also filed a claim in damages before the Superior Court of Ontario against the Minister, the GiC, and certain former officials of the CRTC. He is seeking $9M in damages for alleged biased against him and wrongful termination of his appointment.
• A second federal Court of appeal remains pending, as well as the action on damages.

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