Zündel, Re

Zündel, Re

The subpoenas were quashed because the court found the proposed witnesses were unlikely to provide material or relevant evidence necessary to assess the reasonableness of the security certificate, the subpoenas were overbroad and intrusive, journalistic privilege protected sources and disclosure would be unjustified, and ministerial motive or lobbying was irrelevant to the statutory reasonableness inquiry.

Citation
2004 FC 798
Parties
Minister: The Minister; Government CSIS: Canadian Security Intelligence Service (Solicitor General); Respondent: Ernst Zündel; Witness: Mr. Keith Landy; Witness: Mr. Frank Dimant; Witness: Mr. Andrew Mitrovica; Witness: Honourable Justice L. Marshall; Potential Witness: John Joseph Farrell
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 June 2004
Procedural Posture
Security Certificate Referral Under Immigration and Refugee Protection Act / Hearing on Reasonableness of Security Certificate; Motions to Quash Subpoenas
Outcome
Subpoenas quashed; no costs awarded
Legal Topics
Security Certificate, Subpoena Validity, Journalistic/source Privilege, Solicitor Client Privilege, Relevance and Materiality of Evidence, Leave to Issue Subpoenas
Source Language
English
Immigration Law Administrative Law Evidence Law Procedural Law Constitutional/charter Law Security Certificate Subpoena Validity Journalistic/source Privilege +3 more

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Parties

The Minister

Minister

Canadian Security Intelligence Service (Solicitor General)

Government CSIS

Ernst Zündel

Respondent

Mr. Keith Landy

Witness

Mr. Frank Dimant

Witness

Mr. Andrew Mitrovica

Witness

Honourable Justice L. Marshall

Witness

John Joseph Farrell

Potential Witness

Procedural Posture

Security Certificate Referral Under Immigration and Refugee Protection Act / Hearing on Reasonableness of Security Certificate; Motions to Quash Subpoenas

Legal Issues

  1. 1 Whether the subpoenas should be quashed
  2. 2 Whether leave of the Court was required to issue subpoenas under Federal Court Rules
  3. 3 Whether proposed witnesses could provide relevant and material evidence to assess the reasonableness of the security certificate

Ratio Decidendi

The subpoenas were quashed because the court found the proposed witnesses were unlikely to provide material or relevant evidence necessary to assess the reasonableness of the security certificate, the subpoenas were overbroad and intrusive, journalistic privilege protected sources and disclosure would be unjustified, and ministerial motive or lobbying was irrelevant to the statutory reasonableness inquiry.

Court Disposition

Subpoenas quashed; no costs awarded

Orders

  • The subpoenas issued to Mr. Landy, to Mr. Dimant, to Mr. Mitrovica and to the Honourable Justice Marshall are quashed.
  • There shall be no costs of these motions.