McLellan v. Canada ( Solicitor General )
T-583-98
Hargrave P.
23/7/98
7 pp.
Motion to strike originating notice of motion seeking order quashing Solicitor General's decision to publish, distribute RCMP document indicating applicant subject of Interpol Notice arising from unspecified 1995 incident-Applicant also seeking order requiring RCMP to advise all foreign authorities Interpol Notice should be disregarded-As to whether Solicitor General making reviewable decision within Federal Court Act, ss. 2, 18.1, respondent submitting Secretary of State not within s. 2 definition of "federal board, commission or other tribunal" given absence of enabling statute under which might exercise discretion, make decision to publish Interpol Notice-But s. 2 also referring to exercise of jurisdiction pursuant to Crown prerogative-Surely in publishing Interpol Notice, RCMP not on frolic of own unsupported by any authority-Certainly Solicitor General directing RCMP through Commissioner of RCMP: Royal Canadian Mounted Police Act, s. 5-Judge could decide power exercised derived from remaining Crown prerogatives-Respondent also submitting Solicitor General's action neither administrative decision nor exercise of discretionary power-If publishing Interpol Notice merely procedural, no review-For courts to have jurisdiction, decision must inherently have legal consequences-Publication of Interpol Notice could be characterized as something beyond mere collection of information to be entered in file-Decision does have clear legal consequences as applicant learned when arrested by American authorities-Not merely collecting of information, but decision having legal consequences-Such serious issues of law ought not to be dealt with, on motion to strike out proceeding such as present, for not completely futile claim-Respondent not showing exceptional case, bereft of possibility of success, in which Court ought to do other than to hear matter as judicial review proceeding-Motion dismissed-Royal Canadian Mounted Police Act, R.S.C., 1985, c. R-10, s. 5 (as am. by R.S.C., 1985 (2nd Supp), c. 8, s. 2)-Federal Court Act, R.S.C., 1985, c. F-7, ss. 2 (as am. by S.C. 1990, c. 8, s. 1), 18.1 (as enacted idem, s. 5).