Brick v. Canada (Attorney General)

canada, canadian, case law, court opinion, canlii, fca, 2026fca127, 2026 fca 127 (canlii), 2026, fca, 127, (canlii), a-56-25, 2026, administrative law, justiciability, mootness, whether the court should hear a moot appeal under borowski, adversarial context, practical utility, and institutional role considered, no stake in the outcome and no collateral consequences shown, judicial economy and making law in the abstract addressed, appeal dismissed for mootness, administrative law, remedies, declarations, whether declarations should issue absent a live controversy, criteria for declaratory relief reviewed, including “real and not theoretical” question and practical utility, lack of evidence and “factual vacuum” noted, charter breach declaration and invalid referral declaration not justified, declarations refused, procedure, statutory time limits, jurisdiction, whether recalculation triggered the two working day referral limit under corrections and conditional release act, para. 129(3)(b) and subs. 129(3.1), dispute about when recalculation occurs and its effect on board jurisdiction, due to mootness, merits not determined, appeal dismissed for mootness, constitution, charter, section 7, whether disclosure process breached right to counsel and fundamental justice, argument that corrections and conditional release act, subs. 141(1) disclosure should extend to hearing assistant who is also legal counsel, procedural fairness and access to fulsome legal advice raised, no prejudice established on the record, appeal dismissed for mootness