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CROWN

Torts

Motion by defendant in action for damages based on Canadian Charter of Human Rights and Freedoms, following illnesses, injuries suffered, aggravated in course of plaintiff’s military service, to strike action on ground no reasonable cause of action disclosed—Motion granted in part—Action dismissed for want of jurisdiction, given existence of appropriate recourse under National Defence Act, s. 29—Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 24—National Defence Act, R.S.C., 1985, c. N-5, s. 29.

Villeneuve v. Canada (T‑1358‑03, 2006 FC 456, Tabib P., order dated 7/4/06, 31 pp.)

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