Case information

Charter of Rights — Fundamental justice — Judgments and orders — Summary judgments — Applicant alleging conspiracy on the part of Crown officials — Applicant’s claim against Crown struck in its entirety, without leave to amend — Court of Appeal dismissing appeal from order on motion to strike — Whether decisions of courts below are unreasonable, legally incorrect and unconstitutional — Whether decisions below go against supreme law of Canada, and/or fatally injure public interest — Whether case ought to proceed on merits and full consideration of evidence, under supervision of Supreme Court of Canada — Whether Crown officials engaged in conduct resulting in Charter violations and other causes of action — Federal Court Rules, SOR/98-106, s. 221(1).

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

In 2021, the applicant filed a statement of claim in Federal Court, seeking damages and other relief in respect of torts allegedly committed by government officials as part of an alleged conspiracy against him. The allegations in question, which relate to the applicant’s arrival at Pearson Airport in Toronto on September 13, 2021, include searching and damaging his luggage, harassing and threatening him with false arrest, quarantining him, and attacking or interfering with his cellphone. The respondent Crown moved to strike the claim, pursuant to subsection 221(1) of the Federal Courts Rules, SOR/98-106, arguing that the pleading failed to disclose a reasonable cause of action, and/or was scandalous, frivolous or vexatious, and/or was otherwise an abuse of process of the court.

The motion judge at the Federal Court granted the Crown’s motion and struck the statement of claim in its entirety, without leave to amend. A unanimous panel at the Federal Court of Appeal dismissed an appeal from this order.