PRACTICE |
Discovery |
Production of documents |
Khadr v. Canada (Minister of Foreign Affairs)
T-686-04
2005 FC 135, von Finckenstein J.
28/1/05
10 pp.
Application for production of documents in respondent's possession pursuant to Federal Courts Rules, ss. 318(4), 369--Khadr Canadian citizen detained by U.S. on basis of alleged involvement with Al-Qaida--Judicial review application brought by family to compel Canada to extend consular, diplomatic services to Khadr--In context of that application, applicants seeking all documents in Minister's possession, up to present day--Materials before decision maker must be produced under Rules, s. 317--In Canada (Human Rights Commission) v. Pathak, [1995] 2 F.C. 455 (C.A.) Court said document relevant to judicial review application if it may affect decision to be made--Relevance of requested documents determined in relation to grounds of review--Issue becoming what was before Minister when wrote letters rendering decision?--Letters, construed by applicants as refusal to extend consular services, referring to Minister's discussions with U.S. re: matters considered part of consular services--Documents touching on these issues thus meeting Pathak test, forming part of record before Minister, had to be produced under Rules, s. 318--However, applicants not entitled to documents before Minister up to present day--Production of materials cannot be ordered on grounds relevant to decision if materials did not exist at time decision made--Application allowed in part--Federal Courts Rules, SOR/98-106, ss. 1 (as am. by SOR/2004-283, s. 2), 317 (as am. by SOR/2002-417, s. 19), 318, 369.