Apotex et al brought a judicial review of the Minister of Health's (the Minister) decision to impose an import ban on products from two of Apotex' manufacturing facilities in India in September 2014. The Federal Court ordered that the import ban be quashed, and that the Minister and Health Canada retract their public statements relating to the import ban.
After a lengthy review of the facts, the Court held that the standard of review is correctness for allegations of procedural fairness and the issue of whether the correct statutory mechanisms were employed to carry out the import ban. However, the actual decision of whether to implement the import ban should be reviewed on a standard of reasonableness.
The Court held that the Minister acted for an improper purpose and did not act in accordance with the duty of procedural fairness. Thus, the import ban should be quashed. The Court held that the proper statutory provisions were used to add conditions to Apotex' Establishment Licences, but that procedural fairness required at least notice and reasons for the additions. The Court also held that paragraph 2(e) of the Canadian Bill of Rights does not apply. The Court held that Apotex had not met its burden of establishing that the Minister demonstrated a reasonable apprehension of bias. As the Customs Target had expired, there was no further remedy for the Court to grant.