Mireau v. Saskatoon, (1995) 136 Sask.R. 319 (QB)

• Judge: Barclay, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: October 05, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 136 Sask.R. 319 (QB)

Mireau v. Saskatoon (1995), 136 Sask.R. 319 (QB)

MLB headnote and full text

Earle Gary Mireau (plaintiff) v. City of Saskatoon, Board of Police Commissioners, Saskatchewan Legal Aid Commission, Ernie Louttit, Vincent Ashmeade and Kim Boechler (defendants)

(1995 Q.B. No. 10)

Indexed As: Mireau v. Saskatoon (City) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Wynyard

Barclay, J.

October 5, 1995.

Summary:

Mireau sued the Saskatchewan Legal Aid Commission et al., alleging, inter alia, a violation of his ss. 9 and 10(b) Charter rights. The Commission sought to strike the amended statement of claim on the ground that it disclosed no reasonable cause of action.

The Saskatchewan Court of Queen's Bench allowed the application.

Civil Rights - Topic 8311

Canadian Charter of Rights and Freedoms - Application - Nongovernmental or private interference - [See Practice - Topic 2230 ].

Practice - Topic 2230

Pleadings - Striking out pleadings - Grounds - Failure to disclose a cause of action - Mireau sued the Saskatchewan Legal Aid Commission et al., alleging, inter alia, that the Commission violated his ss. 9 and 10(b) Charter rights - The Com­mission sought to strike the claim on the ground that it disclosed no reasonable cause of action - The Saskatchewan Court of Queen's Bench allowed the application - The court stated that the Charter only governed the conduct of governments and governmental actions (Charter, s. 32) - The Commission was not a governmental body - Accordingly, the claim against it was not supportable.

Cases Noticed:

Dolphin Delivery Ltd. v. Retail, Wholesale and Department Store Union, Local 580, Peterson and Alexander, [1986] 2 S.C.R. 573; 71 N.R. 83; 33 D.L.R.(4th) 174; 38 C.C.L.T. 184; 25 C.R.R. 321; [1987] 1 W.W.R. 577; 87 C.L.L.C. 14,002, refd to. [para. 6].

R. v. Sterling (R.), Sterling (L.) and Ster­ling (T.) (1993), 113 Sask.R. 81; 52 W.A.C. 81; 84 C.C.C.(3d) 65 (C.A.), refd to. [para. 6].

Canadian Broadcasting Corp. v. Saskatchewan (Attorney General) (1993), 110 Sask.R. 222; 82 C.C.C.(3d) 84 (Q.B.), refd to. [para. 6].

Phillips and Reiger v. Board of Police Commissioners of Moose Jaw et al. (1988), 67 Sask.R. 49 (Q.B.), refd to. [para. 8].

RoyNat Inc. v. Northland Properties Ltd. et al., [1994] 2 W.W.R. 43; 115 Sask.R. 272 (Q.B.), refd to. [para. 11].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 9, sect. 10(b) [para. 5]; sect. 32 [para. 7].

Authors and Works Noticed:

Hogg, P.W., Constitutional Law of Canada (2nd Ed. 1985), p. 674 [para. 8].

Counsel:

Gregory J. Curtis, for the plaintiff;

Sheila P. Whelan, for Legal Aid Commis­sion;

Barry H. Rossmann, for the City of Saskatoon.

This application was heard before Barclay, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Wynyard, who delivered the following judgment on October 5, 1995.