FEDERAL COURT JURISDICTION |
Trial Division |
Canada v. Smith
A-534-00
2002 FCA 348, Sexton J.A.
26/9/02
9 pp.
Appeal against Trial Division order dismissing Crown's motion to strike named individual defendant RCMP officers from respondents' statement of claim--Respondents former undercover agent and family--Agent exposed during operation with RCMP--Son murdered consequent to exposure--Family seeking protection under RCMP Witness Protection Program-- Respondents suing Crown and 5 officers, seeking mandamus requiring Crown to reinstate them to Program--Crown moving to strike named officers claiming Federal Court has no jurisdiction to determine claims against individual officers-- Jurisdictional test: statutory grant of jurisdiction by Parliament; existing body of applicable federal law; law must be "law of Canada": ITO--International Terminal Operators Ltd. v. Miida Electronics Inc. et al., [1986] 1 S.C.R. 752--Jurisdiction against servants of Crown granted under Federal Court Act, s. 17(5)(b)--Body of existing law contained in Witness Protection Program Act, s. 8(a)-- Applying Oag v. Canada, [1987] 2 F.C. 511 (C.A.), Court has jurisdiction to consider complaint against individuals-- Robinson v. Canada, [1996] 2 F.C. 624 (T.D.) and Varnam v. Canada (Minister of National Health and Welfare), [1988] 2 F.C. 454 (C.A.) distinguished-- Second and third elements of ITO case met--Appeal dismissed--Federal Court Act, R.S.C., 1985, c. F-7, s. 17(5)(b) (as am. by S.C. 1990, c. 8, s. 3)--Witness Protection Program Act, S.C. 1996, c. 15, s. 8(a).