Beno v. Canada ( Commissioner and Chairperson, Commission of Inquiry into the Deployment of Canadian Forces to Somalia )
T-408-97
Dubé J.
3/7/97
9 pp.
Somalia Inquiry-Motion for order restraining Commissioners from transmitting report containing any adverse findings against applicant to Governor in Council, and, in alternative, order restraining G.I.C. from releasing any part of report containing adverse findings until final disposition of BGen Beno's application for judicial review and appeal from Court order dated 17/6/97-Motion dismissed-Threefold test for interlocutory injunctions: serious issue, irreparable harm and balance of convenience-As to serious issue, no manifest error in Court order-No obvious and inextricable linkage or interrelationship between three phases of inquiry: Trial Judge justified in view Commission can make findings of misconduct for pre-deployment events irrespective of what happened later in in-threatre stage or final post-deployment stage-Trial Judge also found applicant had full opportunity to be heard by Commission; not denied precedural fairness merely because not permitted to call every proposed witness on list; doctrine of legitimate expectations not applicable herein-Although decision of 17/6/97 generally agreed with, BGen Beno's appeal not vexatious or frivolous-Application serious and substantial-As to irreparable harm (alleged irretrievable damage to both reputation and career), applicant does not know what report will say on his conduct-If report unfair, he can create opportunity to respond and to provide own version of events-Applicant has not established would suffer irreparable harm if application for interlocutory injunction not granted-Nor does balance of convenience favour applicant-Did not establish his private interest outweighing public interest in having full inquiry report transmitted to Governor in Council. for release to public.