Digests

Jose Pereira E Hijos, S.A. v. Canada (Attorney General)

DES-2-01, DES-3-01

2001 FCT 1434, Nadon J.

24/12/01

18 pp.

Plaintiffs seeking orders directing defendant to answer questions posed during examination on discovery of Leo Strowbridge, Crown official--Canada member of Northwest Atlantic Fisheries Organization (NAFO)--NAFO setting fishing quotas for member states as voted on by member states for areas known as Convention areas--In September 1994, NAFO set 1995 Greenland halibut fishery quota for Convention area off Grand Banks at total allowable catch (TAC) of 27,000 tons--Canada concerned Spain, Portugal might overfish Convention area in contravention of NAFO TAC--Plaintiffs' vessel, Estai, Spanish fishing trawler, seized by Canada 240 miles east of Canada--According to Canada, at time of seizure, Estai fishing Greenland halibut in contravention of Coastal Fisheries Protection Act, s. 5.2-- Plaintiffs claiming damages, trespass, assault, negligent navigation against defendant, as well as punitive, exemplary damages--On July 13, 2001, Leo Strowbridge, Crown official, examined on discovery by plaintiffs--Canada objecting to questions on ground of Canada Evidence Act, ss. 37, 38--Whether defendant should be compelled to answer questions objected to on basis of latter provisions-- Defendant's objection to answering questions in respect of which plaintiffs sought orders, based on reasons given by Brian Buckley in parts D, E of Certificate, dated April 10, 2001--Buckley reviewed 1,069 documents, concluded 676 documents should not be disclosed on grounds of public interest--Onus upon plaintiffs to convince Court public interest in disclosure sufficiently compelling to require that information be examined in order to determine where balance lies between that public interest, public interest in not disclosing information--Onus not met by plaintiffs, orders sought denied--Public interest in not disclosing information sought by plaintiffs--Disclosure of sought-after information would be injurious to Canada's international relations-- Information plaintiffs sought to obtain will not establish fact crucial to their case--Defendant need not answer questions posed on July 13, 2001--Canada's interest in protecting present, future international relations with foreign countries clearly outweighing plaintiffs' economic interest in disclosure of information sought by questions--Motions dismissed-- Coastal Fisheries Protection Act, R.S.C., 1985, c. 33, s. 5.2 (as enacted by S.C. 1994, c. 14, s. 2)--Canada Evidence Act, R.S.C., 1985, c. C-5, ss. 37, 38.