PRACTICE |
Discovery |
Production of Documents |
Paulin-Kaïré v. Canada
T-490-02
2004 FC 296, Noël J.A.
27/2/04
8 pp.
Pursuant to Federal Court Rules (Rules), 1998, r. 369 applicant seeking order enjoining respondent to amend its affidavit of documents to include certain documents and, pursuant to Rules, rr. 240, 244, requiring respondent to provide information pursuant to cross-examination of respondent's representative--Applicant claims documents are relevant for litigation purposes while respondent claims contrary--Applicant arrested for speeding by Royal Canadian Mounted Police (RCMP) officer in New Brunswick-- Notwithstanding her request, RCMP did not provide French- language services--Whether litigation involving all institutions of Government and Parliament of Canada (institutions) operating in New Brunswick or involving only RCMP?--Relevance of a document assessed in light of pleadings--Applicant made five requests for documents-- Court holding requests 1, 2 and 4 irrelevant and requests 3 and 5 relevant--Applicant further requests that respondent be obliged to provide some information on examination for discovery--Cases holding that on examination for discovery approach less formal than at trial and that objective is to allow parties to inquire as to existence of facts and to assess their relevance--However, these inquiries must be related to facts recounted in pleadings--Request concerning discussions about Commissioner of Official Languages report between RCMP representatives and people outside RCMP (in as much as limited to Treasury Board Secretariat) appears relevant-- Furthermore, Treasury Board Secretariat plays important role in enforcing obligations under Official Languages Act and regulations thereunder and it is admitted in evidence that RCMP contacted Secretariat about this case--Request to provide written information authorized but outside discussions limited to those between Treasury Board Secretariat and RCMP--Federal Court Rules, 1998, SOR/98-106, rr. 240, 244, 369--Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31.