Hawke v. Canada (Attorney General)

Decided: 2026-10-14. Docket: T-2232-26. Citation: 2026 FC 1262 (CanLII). Administrative law — Judicial review — Motion to strike notice of application — Whether application is “bereft of any possibility of success” — JP Morgan Asset Management (Canada) Inc. v. Canada (National Revenue), Wenham v. Canada (Attorney General) test applied — Pleading requirements under Federal Courts Rules, Rules 301(e) and 302 considered — No leave to amend — Proceeding dismissed | Constitution — Section 35 — Duty to consult — Whether Crown owed a personal and individual duty to consult an individual member — Consultation owed to the Aboriginal community through representative institutions, Behn v Moulton Contracting Ltd. applied — Relief sought includes declaration of breach of duty to consult under Constitut