EVIDENCE |
Jose Pereira E Hijos, S.A. v. Canada (Attorney General)
A-3-02
2002 FCA 470, Stone J.A.
25/11/02
14 pp.
Apeal from order of Trial Division ([2001] F.C.J. No. 1950 (QL)) dismissing appellant's motions for orders directing respondent to answer certain questions--Dispute resulted from seizure by Canada on March 9, 1995, of a Spanish fishing trawler Estai in international waters some 240 miles east of Canada--Appellant stated respondent engaged in vote buying to obtain unfair proportion of total allowable catch of Greenland Halibut--Question objected to by respondent concerned allegation of vote buying--Respondent claimed disclosure of documents and information elicited by question would injure Canada's international relations and national defence and security within meaning of Canada Evidence Act, s. 38(1)--Judge hearing application for disclosure must be satisfied public interest in disclosure sufficiently compelling to require information's examination-- To secure benefit of Act, ss. 37 and 38, party must show probability that feared injury will result from disclosure-- Record contained nothing showing disclosure would injure Canada's international relations--Appellant seeking to obtain information not relevant or crucial in proving or defending appellant's case--Appeal allowed, without prejudice to respondent filing fresh certificate in support of objections to "vote buying" questions--Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 37 (as am. by S.C. 2001, c. 41, s. 43), 38 (as am. idem).