Mulroney v. Canada ( Attorney General )
DES-7-96
Denault J.
3/1/97
10 pp.
In context of civil liability action for injury to his dignity, honour and reputation, applicant asking Court to dismiss objections made by respondents Murray, RCMP Commissioner, and Fiegenwald, officer in charge of investigation, under Canada Evidence Act, ss. 37 and 38, in relation to questions he intended to ask Swiss government official pursuant to commission for examination of witnesses and in relation to filing of draft document-Respondents filed first certificate authored by RCMP Deputy Commissioner for Northwest region to serve as objection to eight of applicant's questions on public interest grounds and second certificate by same author to serve as objection, on grounds of injury to international relations, in relation to judgment by Rochon J. of Superior Court of Quebec ordering respondents Attorney General of Canada and Kimberly Prost to provide copy of detailed draft request for assistance sent by respondent Fiegenwald to respondent Prost during summer of 1995 and various appendixes to draft letter of request sent by respondent Fiegenwald to respondent Prost-Rochon J. referring objections made in certificates to Chief Justice of Federal Court in so far as alleged that answers to questions or disclosure of information injurious to Canada's international relations within meaning of Canada Evidence Act, s. 38-Application allowed as regards objections based on s. 38; case returned to Superior Court of Quebec for determination of objections based on s. 37-Questions in dispute both relevant and crucial to applicant's case-However, RCMP Deputy Commissioner for Northwest region not "person interested" within meaning of Canada Evidence Act ("minister of the Crown in right of Canada or other person interested" under ss. 37 and 38)-Could not rely on Royal Canadian Mounted Police Act to claim right or privilege to assert disclosure of information would be injurious to Canada's international relations-Nothing in Act or Regulations conferred such power on him and did not show in certificates prepared by him he had some legislative or administrative authority to invoke ground set out in s. 38-Senior position and many years of experience and service not entitling him to do so either-Canadian Security Intelligence Service Act conferring on CSIS certain jurisdiction over conduct of Canada's international affairs and authority to enter into international arrangements with approval of Solicitor General in consultation with Minister of Foreign Affairs-Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 37, 38-Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10-Canadian Security Intelligence Service Act, R.S.C., 1985, c. S-13.