Schreiber v. Canada ( Attorney General )
T-224-97 / T-1221-98
MacKay J.
9/7/99
7 pp.
Motion for interlocutory injunction requiring respondent to forthwith request Swiss authorities to take no further action on letter of request pending final determination of applications under reserve-First such application seeking order directing respondent to withdraw, rescind letter of request for legal assistance sent to Swiss authorities in connection with RCMP investigation concerning applicant, others following respondent's admissions in settlement of action commenced by one of those others, former Prime Minister of Canada, Right Honourable Brian Mulroney-Admitting certain conclusions expressed in letter of request without foundation-Second application seeking declaratory relief concerning respondent's authority to pursue request to Swiss authorities following Schreiber v. Canada (Attorney General), [1998] 1 S.C.R. 841 wherein determined respondent, in seeking information from abroad under letter of request without having first sought judicial authorization, not acting in violation of applicant's Charter rights-Application of tripartite test in R.J.R. Macdonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311-That serious issues not disputed-Applicant claiming irreparable harm will result if private documents, information forwarded from Switzerland to Canada for perusal by Canadian authorities in response to letter of request before resolution of applicant's request for order to stop process-Further, arguing application seeking to hold respondent to performance of public duties in administration of justice sufficient to indicate irreparable harm will occur if respondent not awaiting judicial determination of responsibilities-Those claims to harm general-Applicant having opportunity to raise potential objections to planned legal assistance by Swiss authorities-Swiss process also providing for appeal, automatically suspending action on decision-Thus evidence not demonstrating irreparable harm if relief now sought not granted-Mere speculation that, following any appeal, Swiss authorities will respond to letter of request before disposition of applications now under reserve-No need to assess balance of convenience-Motion dismissed without prejudice to possible further application if circumstances changing.