International Relief Fund for the Afflicted and Needy (Canada) v. Canada (Minister of Public Safety and Emergency Preparedness), (2015) 478 F.T.R. 59 (FC)

• Judge: Mactavish, J.
• Court: Federal Court (Canada)
• Case Date: March 18, 2015
• Jurisdiction: Canada (Federal)
• Citations: (2015), 478 F.T.R. 59 (FC);2015 FC 435

Intl. Relief Fund v. Can. (2015), 478 F.T.R. 59 (FC)

MLB headnote and full text

Temp. Cite: [2015] F.T.R. TBEd. AP.045

International Relief Fund for the Afflicted and Needy (Canada)

(applicant) v. Minister of Public Safety and Emergency Preparedness (respondent)

(T-2556-14; 2015 FC 435)

Indexed As: International Relief Fund for the Afflicted and Needy (Canada) v. Canada (Minister of Public Safety and Emergency Preparedness)

Federal Court

Mactavish, J.

April 9, 2015.

Summary:

The International Relief Fund for the Afflicted and Needy (IRFAN) was a revoked charity that was added to the list of terrorist entities established by the Governor in Council under s. 83.05 of the Criminal Code. As a result, its property and assets were frozen. IRFAN applied for an exemption from the Minister of Public Safety and Emergency Preparedness to permit it to raise funds to pay for legal advice in relation to a variety of issues arising out of the listing. The Minister refused to authorize the exemption. IRFAN applied for judicial review and moved for an order compelling the Attorney General of Canada to pay for its legal costs associated with the application.

The Federal Court dismissed the motion without prejudice to IRFAN's right to bring a further motion for state-funded costs on better evidence.

Civil Rights - Topic 4631

Right to counsel - Appointment of counsel by the court or the state - General - [See Courts - Topic 1761 ].

Courts - Topic 1761

Powers - Appointment of counsel - General - The International Relief Fund for the Afflicted and Needy (IRFAN) was a revoked charity that was added to the list of terrorist entities established by the Governor in Council under s. 83.05 of the Criminal Code - As a result, its property and assets were frozen - IRFAN applied for an exemption from the Minister of Public Safety and Emergency Preparedness to permit it to raise funds to pay for legal advice in relation to a variety of issues arising out of the listing - The Minister refused the exemption - IRFAN applied for judicial review and moved for (1) a Rowbotham order requiring the Attorney General to remunerate counsel representing IRFAN in the application, or (2) an order for advance costs - The Federal Court dismissed the motion - Common to both orders sought by IRFAN was the requirement that the moving party be unable to pay for its own legal costs - IRFAN had not provided the court with sufficient evidence of its financial situation - It relied solely on the affidavit of a legal assistant in counsel's office who had no apparent first-hand knowledge of IRFAN's financial situation - By arguing that it should be excused from the requirements of providing detailed financial information because the RCMP already had that information, IRFAN was inappropriately trying to shift the onus to the Minister to prove that IRFAN was not impecunious - In addition, IRFAN failed to show that it was unable to adequately represent itself or find other individuals who were willing to represent it on a pro bona basis.

Practice - Topic 7883

Costs - Funding before judgment - When interim or advance costs available - [See Courts - Topic 1761 ].

Cases Noticed:

R. v. Rowbotham (1988), 25 O.A.C. 321; 41 C.C.C.(3d) 1 (C.A.), refd to. [para. 8].

British Columbia (Minister of Forests) v. Okanagan Indian Band et al., [2003] 3 S.C.R. 371; 313 N.R. 84; 189 B.C.A.C. 161; 309 W.A.C. 161; 2003 SCC 71, refd to. [para. 8].

Mahjoub, Re (2012), 448 N.R. 356; 2012 FCA 296, refd to. [para. 9].

New Brunswick (Minister of Health and Community Services) v. J.G. and D.V., [1999] 3 S.C.R. 46; 244 N.R. 276; 216 N.B.R.(2d) 25; 552 A.P.R. 25, refd to. [para. 12].

Hagwilget Indian Band v. Canada (Minister of Indian Affairs and Northern Development) (2008), 328 F.T.R. 215; 2008 FC 574, refd to. [para. 16].

Little Sisters Book and Art Emporium v. Minister of National Revenue, [2007] 1 S.C.R. 38; 356 N.R. 83; 235 B.C.A.C. 1; 388 W.A.C. 1; 2007 SCC 2, refd to. [para. 16].

Canada (Attorney General) v. Telbani (2012), 441 N.R. 173; 2012 FCA 188, refd to. [para. 23].

Metrolinx v. Canadian Transportation Agency, [2010] N.R. Uned. 50; 2010 FCA 45, refd to. [para. 23].

R. v. Rain (M.M.) (1998), 223 A.R. 359; 183 W.A.C. 359; 1998 ABCA 315, refd to. [para. 33].

R. v. Malik (R.S.), [2003] B.C.T.C. 1439; 2003 BCSC 1439, refd to. [para. 33].

R. v. Dew (E.J.) (2009), 245 Man.R.(2d) 211; 466 W.A.C. 211; 2009 MBCA 101, refd to. [para. 33].

R. v. Rushlow (W.) (2009), 250 O.A.C. 75; 96 O.R.(3d) 302; 2009 ONCA 461, refd to. [para. 33].

R. v. Khawaja (M.M.), [2012] 3 S.C.R. 555; 437 N.R. 42; 301 O.A.C. 200; 2012 SCC 69, refd to. [para. 40].

Counsel:

Paul Champ, Champ & Associates, for the applicant;

Kirk Shannon, for the respondent.

Solicitors of Record:

Hameed & Farrokhzad, Ottawa, Ontario, for the applicant;

William F. Pentney, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This motion was heard at Ottawa, Ontario, on March 18, 2015, before Mactavish, J., of the Federal Court, who delivered the following order and reasons at Toronto, Ontario, on April 9, 2015.