Federal Court of Appeal Decisions

Date: 20080319

Docket: A-51-08

 

Citation: 2008 FCA 107

 

Present:          THE HONOURABLE MR. JUSTICE PELLETIER

 

IN RE a certificate pursuant to subsection 77(1) of the

Immigration and Refugee Protection Act, signed by the

Minister of Immigration and the Solicitor General of Canada (the Ministers)

S.C. 2001, c. 27 (IRPA);

 

IN RE the filing of this certificate in the Federal Court of Canada

pursuant to subsection 77(1) and

sections 78 and 80 of the IRPA;

 

IN RE a motion to quash subpoenas duces tecum filed by

Joël-Denis Bellavance and Gilles Toupin and the

objections resulting from questions raised on an examination on affidavit;

 

AND IN RE

Adil Charkaoui

 

BETWEEN:

JOËL-DENIS BELLAVANCE

and

GILLES TOUPIN

Appellants

-AND-

ADIL CHARKAOUI

Respondent

 

Written motion decided without appearance by parties.

 

Order made at Ottawa, Ontario on March 19, 2008.

 

REASONS FOR ORDER:                                                                                        PELLETIER J.A.

 

Date: 20080319

Docket: A-51-08

 

Citation: 2008 FCA 107

 

Present:          THE HONOURABLE MR. JUSTICE PELLETIER

 

IN RE a certificate pursuant to subsection 77(1) of the

Immigration and Refugee Protection Act, signed by the

Minister of Immigration and the Solicitor General of Canada (the Ministers)

S.C. 2001, c. 27 (IRPA);

 

IN RE the filing of this certificate in the Federal Court of Canada

pursuant to subsection 77(1) and

sections 78 and 80 of the IRPA;

 

IN RE a motion to quash subpoenas duces tecum filed by

Joël-Denis Bellavance and Gilles Toupin and the

objections resulting from questions raised on an examination on affidavit;

 

AND IN RE

Adil Charkaoui

 

BETWEEN:

JOËL-DENIS BELLAVANCE

and

GILLES TOUPIN

Appellants

-AND-

ADIL CHARKAOUI

Respondent

 

 

 

REASONS FOR ORDER

PELLETIER J.A.

 

[1]               Following the publication in the Montréal daily newspaper La Presse of an article titled [TRANSLATION] “Did Charkaoui discuss attack?”, Mr. Charkaoui filed a motion to terminate or permanently suspend security certificate proceedings. In that motion Messrs. Bellavance and Toupin, the authors of the article, were served with subpoenas duces tecum requiring them to produce in court certain documents from the Canadian Security Intelligence Service which were the basis for their article. The two writers then filed their own motion to quash the subpoenas duces tecum and raised other incidental questions. Noël J. of the Federal Court dismissed the motion to quash and also dismissed the other incidental relief sought by Messrs. Bellavance and Toupin.

 

[2]               Messrs. Bellavance and Toupin appealed Noël J.’s decision. In their notice of appeal they named Mr. Charkaoui as respondent and made no mention of the Minister of Citizenship and Immigration and the Solicitor General of Canada (the Ministers). The latter filed their motion to be granted the status of interveners in the appeal.

 

[3]               In the Court’s view the motion is ill-conceived. The problem raised by the service of subpoenas duces tecum and the motion to quash is part of the process of Mr. Charkaoui’s motion to terminate or permanently suspend security certificate proceedings regarding him. Although the subpoenas duces tecum may have been served by Mr. Charkaoui’s counsel, that does not prevent the whole episode forming part of the process of the application to terminate Mr. Charkaoui’s proceedings. The notice of appeal filed by Messrs. Bellavance and Toupin should have named not only Mr. Charkaoui but also the Ministers as respondents.

 

[4]               Accordingly, the question is not whether the status of intervener should or should not be granted to the Ministers. They are entitled to participate in the appeal as parties. The motion to be added to the appeal as interveners is therefore dismissed without costs and the Court orders ex proprio motu that the style of cause be amended to add the Minister of Citizenship and Immigration and the Solicitor General of Canada as respondents.

 

 

 

“J.D. Denis Pelletier”

 

 

 

 

 

 

 

 

 

 

 

 

Certified true translation

 

Brian McCordick, Translator

 

 

FEDERAL COURT OF APPEAL

 

SOLICITORS OF RECORD

 

 

DOCKET:                                                                              A-51-08

 

 

STYLE OF CAUSE:                                                              Joël-Denis Bellavance and Gilles Toupin and Adil Charkaoui

 

 

WRITTEN MOTION DECIDED WITHOUT APPEARANCE BY PARTIES

 

 

REASONS FOR ORDER BY:                                             The Honourable Mr. Justice Pelletier

 

DATED:                                                                                 March 19, 2008

 

 

WRITTEN SUBMISSIONS:

 

Christian Leblanc Chloé Latulippe   Johanne Doyon	FOR THE APPELLANTS     FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Fasken, Martineau, Dumoulin S.E.N.C.R.L., s.r.l. Montréal, Quebec   John H. Sims, Q.C. Deputy Attorney General of Canada Ottawa, Ontario

FOR THE APPELLANTS       FOR THE RESPONDENT