McCleery v. Commissioner of the Royal Canadian Mounted Police (No. 2), (1974) 5 N.R. 237 (FCA)

• Judge: Thurlow, Heald and Ryan, JJ.
• Court: Federal Court of Appeal (Canada)
• Case Date: September 25, 1974
• Jurisdiction: Canada (Federal)
• Citations: (1974), 5 N.R. 237 (FCA)

McCleery v. RCMP Commr. (1974), 5 N.R. 237 (FCA)

MLB headnote and full text

McCleery v. Commissioner of the R.C.M.P. (No. 2)

Indexed As: McCleery v. Commissioner of the Royal Canadian Mounted Police (No. 2)

Federal Court of Appeal

Thurlow, Heald and Ryan, JJ.

September 27, 1974.

Summary:

This case arose out of an application for the return of certain documents filed by the Commissioner of the R.C.M.P. in connection with an appeal to the Federal Court of Appeal pursuant to s. 28 of the Federal Court Act. The appeal was filed by an employee of the Royal Canadian Mounted Police who claimed that he was wrongfully discharged. Pursuant to Federal Court Rule 1402 the Commissioner of the Royal Canadian Mounted Police filed documents relevant to the discharge with the Federal Court of Canada. The documents were alleged to contain defamatory matter. The employee withdrew his appeal and applied to the Federal Court of Appeal for an order that the documents filed by the Commissioner be returned to the Commissioner.

The Federal Court of Appeal granted the employee's application for a return of the documents. The Federal Court of Appeal made the order pursuant to Federal Court Rule 201(5). The Federal Court of Appeal stated that apart from statute the Court itself is the master of its own records.

Courts - Topic 1450

Administration - Documents filed by parties - Return of documents filed by parties - The Commissioner of the R.C.M.P. filed with the Federal Court of Canada documents pursuant to Federal Court Rule 1402 which documents were alleged to contain defamatory matter - The documents related to an application for a review of the discharge of an employee by the Commissioner of the R.C.M.P. - The employee withdrew his application for review and requested that the Federal Court of Appeal order that the documents containing the alleged defamatory matter be returned to the Commissioner - The Federal Court of Appeal ordered that the documents be returned to the Commissioner.

Cases Noticed:

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

Statutes Noticed:

Federal Court Rules, rule 201(5) [footnote 1].

Federal Court Rules, rule 342(1) [footnote 1].

Federal Court Rules, rule 1402(7) [footnote 1].

Counsel:

Arthur H. Campeau, for the applicant;

I.G. Whitehall, for the respondent.

This application was heard by the Federal Court of Appeal at Ottawa, Ontario on September 25, 1974. Judgment was delivered by the Federal Court of Appeal on September 27, 1974 and the following opinions were filed:

THURLOW, J. - see paragraphs 1 to 9.

RYAN, J. - see paragraphs 10 to 15.

HEALD, J., concurred with THURLOW, J.