On January 22, 2016, both the Appellants (Prime Minister and Governor General) and Respondent (Aniz Alani) responded to the Federal Court of Appeal’s inquiry as to whether the Government’s announcement of an independent commission to advise on Senate appointments made the appeal moot.

The Respondent provided a letter outlining arguments (to be presented on Monday, January 25) as to why the case was not moot and should still be heard.

The Appellants also provided a letter indicating that, in their view, there is no longer a live controversy to be determined by the Federal Court in the underlying judicial review application. However, while that application remains pending, they say the appeal is not moot and should proceed on the basis that the Federal Court erred in not summarily dismissing the application on grounds of justiciability and jurisdiction.

According to the original Direction issued January 19, 2016, the parties have been asked to come prepared to argue mootness as a preliminary issue at the hearing scheduled for January 25, 2016 at 9:30am in Vancouver.