Canada ( Minister of Citizenship and Immigration ) v. Dueck
A-560-96 / A-561-96
Pratte J.A.
10/12/96
5 pp.
Preliminary motions by respondents-First motion seeking directions as to whether Dubin Report can be referred to in argument of appeals although not part of appeal case-Raising no real issue as Report may not be referred to as evidence of facts but may be invoked in argument where expressing author's opinion on strictly legal issues-Second motion seeking to amend record on which respondents' motion to quash appeal will be decided by adding three documents-Motion granted since documents relevant to issues raised by motion to quash-Third motion seeking production of documentary evidence in Dubin Report, inclusion of evidence and of Report in appeal case-Report should not be added to case even though prepared after date of judgment appealed from-Facts surrounding Mr. Thompson's visit to Chief Justice and Chief Justice's intervention could have been discovered before end of proceedings in Trial Division had respondents' counsel chosen to cross-examine Mr. Thompson under R. 319(4)-Appellant's counsel did not answer all questions put to him but did not mislead respondents-Solicitor cannot be compelled to disclose communications between himself and client for purpose of giving legal advice-Had Mr. Thompson been called to testify before Trial Judge, he could not have refused to answer questions or to produce documents with respect to particular matters-Doubtful whether evidence practically decisive of issues raised in appeal-Motion for production of evidence and for variation of appeal case dismissed-Federal Court Rules, C.R.C., c. 663, R. 319(4).