Beauregard v. Canada
T-1597-89
Pinard J.
9/10/92
3 pp.
Appeal from Senior Prothonotary's order denying defendant's motion to dismiss plaintiff's action on ground Court lacks jurisdiction -- Action brought by plaintiff to quash agreement and promissory note signed by him in return for release from Canadian Forces -- As Crown under no contractual obligation to member of Armed Forces their relations cannot give rise to any remedy in civil courts -- Mere application for relief based on Charter, s. 24(1) cannot by itself confer jurisdiction on Court -- Prothonotary erred by making jurisdiction of Court depend solely on examination of accessory, promissory note, without taking into account agreements signed by plaintiff and fact basis for agreement was release of member of Canadian Forces -- Appeal allowed -- 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], s. 24(1).