Canada v. Prentice, 2005 CAF 395 (2005)

Date: 20051128

Docket: A-645-04

Citation: 2005 FCA 395

CORAM: RICHARD C.J.

DÉCARY J.A.

NADON J.A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

PATRICK PRENTICE

Respondent

Hearing held at Montréal on November 10, 2005.

Judgment delivered at Ottawa on November 28, 2005.

REASONS FOR JUDGMENT: DÉCARY J.A.

CONCURRED IN BY: RICHARD C.J.

NADON J.A.

Date: 20051128

Docket: A-645-04

Citation: 2005 FCA 395

CORAM: RICHARD C.J.

DÉCARY J.A.

NADON J.A.

BETWEEN:

HER MAJESTY THE QUEEN

Appellant

and

PATRICK PRENTICE

Respondent

REASONS FOR JUDGMENT

DÉCARY J.A.

[1] May a member of the Royal Canadian Mounted Police who has taken part in peace-keeping missions abroad bring an action in damages against the Crown, his employer, based on an alleged violation of section 7 of the Canadian Charter of Rights and Freedoms (the Charter), notwithstanding the immunity granted to the Crown by section 9 of the Crown Liability and Proceedings Act (R.S.C. 1985, c. C-50)? If so, must the member exercise his administrative remedies before applying to the Federal Court?

[2] That is the essence of the issues that the parties have submitted to this Court in a motion to strike a pleading on the ground that it fails to disclose a reasonable cause of action.

THE FACTS

[3] Mr. Prentice (the respondent), a resident of Ontario, was, at the times relevant to this case, a member of the Royal Canadian Mounted Police (the RCMP). In that capacity, he took part in peace-keeping missions deployed under the aegis of the United Nations in Namibia in 1989 and in the former Yugoslavia in 1992.

[4] After he was released from the RCMP for medical reasons in January 2004, he brought an action in the Federal Court claiming damages in the amount of $3,250,000 from Her Majesty the Queen, as represented by the Royal Canadian Mounted Police.

[5] In his written submissions, filed at trial, which he reiterated in this Court, the respondent summarized his claim as follows:

[TRANSLATION]

1. In his amended statement of claim, filed on May 10, 2004, the plaintiff claims damages in the amount of $3,250,000 from the defendant as a valid remedy under section 24 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS for violation of his right to security of the person, a right guaranteed to him by section 7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS , based on facts and conduct that are not part of his usual employment as a member;

2. The plaintiff took part in two peace-keeping missions, in Namibia, Africa, and in the former Yugoslavia, without receiving training regarding the political situation ...

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