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Travers v. Canada ( Chief of Defence Staff )

A-548-93

Hugessen J.A.

15/6/94

3 pp.

Appeal from Trial Division's decision ([1993] 3 F.C. 528) dismissing appellants' application Board of Inquiry into Canadian Airborne Regiment Battle Group conduct proceedings in public-Trial Judge taking correct approach in looking at function of Board of Inquiry appointed under National Defence Act, s. 45 in order to determine whether rules relating to open court hearings should apply to it-Judge correctly concluding decision to hold inquiry in private or in public purely matter of policy-Where access sought to inquiry or investigation, proper to look to function and purposes-Trial Judge right to conclude no constitutionally protected right for appellants to be present at inquiry-Appeal dismissed-National Defence Act, R.S.C., 1985, c. N-5, s. 45.

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