Boyle v. Canada ( Commissioner, Commission of Inquiry into the Deployment of Canadian Forces to Somalia )
T-1089-97
Dubé J.
8/7/97
18 pp.
Application for order prohibiting respondents from making adverse findings against applicant pursuant to notices issued under Inquiries Act, s. 13-Commission mandated to inquire into, report on chain of command system, leadership, discipline, operations, actions, decisions of Canadian Forces in Somalia-First criteria for interim injunction whether serious issue to be tried-"Production of documents phase" entirely covered by Commission, not affected by "truncation" of Inquiry-Throughout Inquiry, Commissioners followed procedure under which all parties, including counsel for applicant, provided with all relevant documents canvassed in public hearings-Rules of procedural fairness, duty to be fair, flexible principles-Issuance of s. 13 notice not converting investigative process of Commissioners into dispute between parties-S. 13 notice not formal "charge" in criminal process-Duty to be fair, in inquiry, not exacting as in court of law-Terms of reference given to Commissioners providing them with broad procedural discretion-No reasonable grounds for apprehension of bias-Serious issue threshold very low in matters of interim, interlocutory injunctions-Commission afforded applicant due process according to requirements of Inquiries Act, s. 13, doctrine of procedural fairness, natural justice-Application dismissed-Inquiries Act, R.S.C., 1985, c. I-11, s. 13.