McCleery v. Commissioner of the Royal Canadian Mounted Police (No. 1), (1974) 5 N.R. 229 (FCA)

• Judge: Thurlow, Pratte and Ryan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: September 23, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 5 N.R. 229 (FCA)

McCleery v. RCMP Commr. (1974), 5 N.R. 229 (FCA)

MLB headnote and full text

McCleery v. Commissioner of the Royal Canadian Mounted Police (No. 1)

Indexed As: McCleery v. Commissioner of the Royal Canadian Mounted Police (No. 1)

Federal Court of Appeal

Thurlow, Pratte and Ryan, JJ.

September 23, 1974.

Summary:

This case arose out of an application for directions with respect to certain documents filed with the Federal Court of Canada by the Commissioner of the Royal Canadian Mounted Police. The documents were filed by the Commissioner pursuant to Federal Court Rule 1402 because an application was made pursuant to s. 28 of the Federal Court Act respecting a decision of the Commissioner of the Royal Canadian Mounted Police to discharge the applicant McCleery. The documents were relevant to the decision to be reviewed but the documents apparently referred to third parties and were alleged to contain "speculations, innuendoes and conclusions" respecting the third parties not based on fact. The Federal Court of Appeal dismissed the application for directions.

The Federal Court of Appeal stated that documents filed with the Court, which are not subject to privilege, are available to the public pursuant to Federal Court Rule 201(3) - see paragraph 5. The Federal Court of Appeal referred to the broad principle that the administration of justice should be open to the public - see paragraph 11.

Courts - Topic 1443

Administration - Documents filed by parties - Public right of access to court files - Federal Court Rule 201 (3) - The Federal Court of Appeal dismissed a motion for directions to restrict public access to court files - The Federal Court of Appeal stated that documents not subject to privilege are available to the public pursuant to Federal Court Rule 201(3).

Cases Noticed:

Rogers v. Secretary of State for the Home Department, [1972] 2 All E.R. 1057, folld. [para. 7].

Scott v. Scott, [1913] A.C. 417, folld. [para. 11].

Gazette Printing Company v. Shallow (1908), 41 S.C.R. 339, folld. [para. 14].

Ex Parte Associated Newpapers Ltd., refd to. [para. 15].

Statutes Noticed:

Federal Court Rules, rule 1402.

Federal Court Rules, rule 201(3) [para. 5].

Counsel:

Arthur Campeau, for the applicant;

I.G. Whitehall and P.J. Evraire, for the respondents.

This application was heard at Ottawa, Ontario on September 16 and September 23, 1974. Judgment was delivered by the Federal Court of Appeal on September 23, 1974.

The judgment of the Federal Court of Appeal was delivered by THURLOW, J.