Muttray v. Canada ( Royal Canadian Mounted Police Public Complaints Commission )
T-1750-98
Hugessen J.
10/9/98
5 pp.
Application for interim relief to suspend hearing of RCMP Public Complaints Commission (RCMPPCC) into complaints of misconduct by members of RCMP at APEC Summit held in Vancouver in November 1997-Applicants alleging Commission suffering from institutional bias-Application of three-part test laid down in RJR-MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311-Decisions of RCMPPCC decisions not executory, do not have force of law-Simply recommendations-Even though argument of institutional bias known for many months and coming very late, Court assuming serious question to be decided-On issue of irreparable harm, Commission can make no findings against applicants, or recommendations which will affect applicants' rights-Fact applicants could be made to appear and testify and undergo cross-examination at public hearing not amounting to irreparable harm-Citizens have duty to appear and testify before public inquiry, and so long as witness tells truth, nothing to fear-Evidence before Commission cannot be used against them and, in any event, too late to bring charges for any summary conviction offences with which they might conceivably have been charged-As to balance of convenience, 39 RCMP members whose conduct subject matter of inquiry have very strong interest in Commission doing its work and having matter aired, explored and disposed of as soon as possible-Also, in public interest that public inquiry into event should take place-Indeed, applicants themselves amongst those responsible for fact public inquiry to take place-Seems unjust and improper they should now attempt to bootleg process which they started and to bring it to halt when at very point of bearing fruit-Balance of convenience clearly favours refusal of interim relief-Application dismissed.