CONSTITUTIONAL LAW
Charter of Rights
Life, Liberty and Security
Action for damages based on allegation defendant wilfully, knowingly suppressed relevant, material documents, notes of witnesses, possible witnesses, thereby curtailing right of proper cross‑examination, depriving plaintiff of right to impeach credibility of witnesses called by Crown as well as withholding from him information relevant to decision as to who should be witnesses for defence in criminal prosecution in Quebec courts—Arguing deprived of full defence, fair trial contrary to 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, 11(d)—Action dismissed—Claim prescribed by three‑year limitation period on actions to enforce personal right in Civil Code of Québec, s. 2925—Cases dealing with application of limitation periods in provincial statutes to Charter‑based claims reviewed—Action duplicative of issues already dealt with by Quebec Court of Appeal and without merit.
Pearson v. Canada (T‑290‑99, 2006 FC 931, de Montigny J., judgment dated 28/7/06, 44 pp.)