Date:
20090429
Docket: A-87-09
Citation: 2009 FCA 136
CORAM: NADON J.A.
RYER J.A.
TRUDEL J.A.
BETWEEN:
MINISTER
OF FISHERIES AND OCEANS
Appellant
and
ENVIRONMENTAL DEFENCE CANADA,
GEORGIA STRAIT ALLIANCE,
WESTERN CANADA WILDERNESS COMMITTEE
and DAVID SUZUKI FOUNDATION
Respondents
Heard at Ottawa,
Ontario, on April 29,
2009.
Judgment delivered from the Bench at Ottawa, Ontario, on April 29, 2009.
REASONS FOR JUDGMENT OF THE COURT BY: NADON
J.A.
Date:
20090429
Docket:
A-87-09
Citation:
2009 FCA 136
CORAM: NADON
J.A.
RYER
J.A.
TRUDEL
J.A.
BETWEEN:
MINISTER OF
FISHERIES AND OCEANS
Appellant
and
ENVIRONMENTAL DEFENCE CANADA,
GEORGIA STRAIT ALLIANCE,
WESTERN CANADA WILDERNESS COMMITTEE
and DAVID SUZUKI FOUNDATION
Respondents
REASONS FOR JUDGMENT OF THE
COURT
(Delivered
from the Bench at Ottawa, Ontario, on April 29, 2009)
NADON J.A.
[1]
Before
us is an appeal of a decision of Madam Justice Layden-Stevenson, then a judge
of the Federal Court, 2009 FC 131, dated February 10, 2009, which upheld a decision
of Prothonotary Lafrenière, dated November 4, 2008, to the effect that the
redacted portion of a memo dated July 18, 2007 to the Deputy Minister of
Fisheries was not protected by solicitor-client privilege.
[2]
We
all agree that in light of the affidavit of Mr. Ahluwalia, filed in support of
the Minister’s assertion of privilege, it was entirely open to the Motions
Judge, as it was to the Prothonotary, to conclude that the Minister had failed
to meet the burden of establishing the existence of solicitor-client privilege.
[3]
In
view of this conclusion, we need not express a view with regard to the issue of
waiver raised by the respondents, nor need we address the other grounds raised
by the Minister in this appeal.
[4]
Consequently,
the appeal will be dismissed.
“M.
Nadon”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND
SOLICITORS OF RECORD
DOCKET: A-87-09
STYLE OF CAUSE: MIN.
OF FISHERIES AND OCEANS v. ENVIRONMENTAL DEFENCE CANADA ET AL.
PLACE OF HEARING: Ottawa and Vancouver (via
videoconference)
DATE OF HEARING: April 29, 2009
REASONS FOR JUDGMENT OF THE
COURT BY: Nadon, Ryer, Trudel JJ.A.
DELIVERED FROM THE BENCH BY: NadonJ.A.
APPEARANCES:
|
Marja K. Bulmer
Paul
Partridge
|
FOR
THE APPELLANT
|
|
Lara Tessaro
Judah
Harrison
|
FOR
THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
John H. Sims, Q.C.
Deputy
Attorney General of Canada
|
FOR THE APPELLANT
|
|
Lara Tessaro
Vancouver,
B.C.
|
FOR THE RESPONDENT
|
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