PRACTICE |
Subpoenas |
Zündel (Re)
DES-2-03
2004 FC 3, Blais J.
6/1/04
5 pp.
Subpoena issued requiring attendance of agent of Canadian Security Intelligence Service (CSIS), at December 11, 2003 hearing, dealing with security certificate concerning Ernst Zündel--Federal Court Rules, 1998 unclear as to service on CSIS agent whose home, work addresses unknown--In absence of specific rule, Rules refer to Rules of Civil Procedure in province where action proceeding--According to Ontario Rules of Civil Procedure, s. 53.04 service must be personal--Counsel representing CSIS stated subpoena improperly served--But where, personal service of subpoena "cannot practicably be effected" Federal Court Rules, 1998, r. 136(1) permitting Court to intervene to order substitutional service--Intervention may also be warranted to compel attendance of witness, requiring leave (r. 41(4)(c))--Both rules, 41, 136, permit ex parte motions--However, granting within motion ex parte appears ill-advised--Given nature of proceeding and complication surrounding calling witness to hearing, Ministers may have valid representations to make-- Motion record ordered served on Ministers--Rules of Civil Procedure, R.R.O. 1990, Reg. 194, r. 53.04--Federal Court Rules, 1998, SOR/198-106, rr. 41, 136.