Pearson v. Canada, 2007 FCA 380

JudgeLinden, Sharlow and Ryer, JJ.A.
CourtFederal Court of Appeal (Canada)
Case DateNovember 28, 2007
JurisdictionCanada (Federal)
Citations2007 FCA 380;(2007), 371 N.R. 187 (FCA)

Pearson v. Can. (2007), 371 N.R. 187 (FCA)

MLB headnote and full text

Temp. Cite: [2007] N.R. TBEd. DE.020

Edwin Pearson (appellant) v. Her Majesty the Queen (respondent)

(A-376-06; 2007 FCA 380)

Indexed As: Pearson v. Canada

Federal Court of Appeal

Linden, Sharlow and Ryer, JJ.A.

November 29, 2007.

Summary:

The plaintiff sued the federal Crown for damages, alleging wilful abuse of process and malicious violations of his Charter rights by the Crown and her officers, servants and agents in his criminal prosecution for narcotics offences in the Quebec courts.

The Federal Court, in a decision reported 297 F.T.R. 121, dismissed the plaintiff's action. The plaintiff appealed.

The Federal Court of Appeal dismissed the appeal.

Civil Rights - Topic 3157

Trials - Due process, fundamental justice and fair hearings - Criminal and quasi-criminal proceedings - Right to just and fair trial - In 1999, the plaintiff sued the federal Crown for damages under s. 24 of the Charter, alleging malicious violations of his Charter rights in his criminal prosecution for narcotics offences in the Quebec courts which were allegedly committed in 1989 - In particular he complained that a failure by the Crown to disclose certain key documents and false evidence given by certain RCMP officers interfered with his right to a fair criminal trial - The prosecution had a complex and lengthy history in the Quebec courts, including two decisions of the Quebec Court of Appeal and a decision of the Supreme Court of Canada - The Federal Court dismissed the action, holding that the plaintiff failed to demonstrate that the behaviour of the Crown agents amounted to the type of conduct that called for an award of damages - The court opined that there was no infringement of the plaintiff's rights - The plaintiff appealed - The Federal Court of Appeal dismissed the appeal where the trial judge made no palpable and overriding error in his factual conclusions and there was no basis for interfering in his conclusions on the law.

Cases Noticed:

Rice, P.C.J. v. New Brunswick, [2002] 1 S.C.R. 405; 282 N.R. 201; 245 N.B.R.(2d) 299; 636 A.P.R. 299, refd to. [para. 6].

Mackin v. New Brunswick - see Rice, P.C.J. v. New Brunswick.

R. v. Carosella (N.), [1997] 1 S.C.R. 80; 207 N.R. 321; 98 O.A.C. 81, refd to. [para. 6].

St-Jacques v. Fédération des employées et employés de services public Inc. (C.S.N.) et al., [1996] 2 S.C.R. 345; 198 N.R. 1, refd to. [para. 8].

Béliveau St-Jacques - see St-Jacques.

Counsel:

Edwin Pearson, on his own behalf;

Jacques Savary, for the respondent.

Solicitors of Record:

John H. Sims, Q.C., Deputy Attorney General of Canada, Toronto, Ontario, for the respondent.

This appeal was heard in Toronto, Ontario, on November 28, 2007, before Linden, Sharlow and Ryer, JJ.A., of the Federal Court of Appeal. The following decision was delivered for the court on November 29, 2007, by Linden, J.A.

To continue reading

Request your trial
8 practice notes
  • Appendices
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...remitted the case back to the trial court with instructions to instruct the jury more fully. 60) Pearson v Canada , 2006 FC 931 , af’d 2007 FCA 380, leave to appeal to SCC refused, [2008] SCCA No 299. All three levels of court rejected Charter damages claim. 61) Samimifar v Canada (Ministe......
  • The Second Period of Evolution, 1995?2010
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...[ Pack MJ ]; Dulude v Canada (1997), 138 FTR 301 (TD), rev’d [2000] 1 FC 545 (CA) [ Dulude ]; Pearson v Canada , 2006 FC 931 , af’d 2007 FCA 380, leave to appeal to SCC refused, [2008] SCCA No 299 [ Pearson ]; Samimifar v Canada (Minister of Citizenship and Immigration) , 2006 FC 1301......
  • Preface
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...v Quebec (AG) , [1996] 3 SCR 347; Mackin v New Brunswick (Minister of Finance) , 2002 SCC 13; Pearson v Canada , [2008] SCCA No 299, af’g 2007 FCA 380, Linden JA, though not a fully reasoned judgment on the point of qualiied immunity. 21 See Kingstreet Investments Ltd v New Brunswick (Finan......
  • Supreme Court of Canada Decisions, 1995?2010
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...1987) at 43. 78 Ibid . 79 Mackin , above note 13 at para 79. 80 Ibid . 81 Guimond , above note 30. 82 Mackin , above note 13. 83 2007 FCA 380, leave to appeal to SCC refused, [2008] SCCA No 299. 84 (2006), 82 OR (3d) 561 (CA). 85 See Guimond , above note 30; Mackin , above note 13. 86......
  • Request a trial to view additional results
4 cases
  • Ingredia SA et al. v. Canada Customs and Revenue Agency et al., 2009 FC 389
    • Canada
    • Canada (Federal) Federal Court (Canada)
    • March 25, 2009
    ... [2000] 3 F.C. 225 ; 181 F.T.R. 200 (T.D.), refd to. [para. 33]. Pearson v. Canada (2006), 297 F.T.R. 121 ; 2006 FC 931 , affd. (2007), 371 N.R. 187; 2007 FCA 380 , refd to. [para. 34]. Canada (Minister of Citizenship and Immigration) v. Liu (2007), 362 N.R. 81 ; 2007 FCA 94 , refd t......
  • Nungwana v. Canada (Attorney General), 2020 BCSC 1634
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 3, 2020
    ...of such provisions in the context of claims for Charter remedies. For example, in Pearson v. Canada, 2006 FC 931 , aff’d 2007 FCA 380, de Montigny J. (as he then was) stated in reference to Prete: [53]      Even if that decision has not been followed, it is ......
  • Pearson et al. v. Canada (Minister of Justice) et al., 2008 FC 1367
    • Canada
    • Federal Court (Canada)
    • December 11, 2008
    ...the action with written reasons cited as 2006 FC 931 . That decision was affirmed by a unanimous decision of the Federal Court of Appeal, 2007 FCA 380. [28] Justice de Montigny began his Reasons by setting out the nature of Pearson's claim, which was for various kinds of damages for "known......
  • Pearson v. Canada, (2008) 390 N.R. 398 (Motion)
    • Canada
    • Supreme Court (Canada)
    • September 25, 2008
    ...was dismissed in the case of Edwin Pearson v. Her Majesty the Queen , a case from the Federal Court of Appeal dated November 29, 2007. See 371 N.R. 187. See Bulletin of Proceedings taken in the Supreme Court of Canada at pages 1385 to 1387, September 26, 2008. Motion dismissed. [End of docu......
4 books & journal articles
  • Appendices
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...remitted the case back to the trial court with instructions to instruct the jury more fully. 60) Pearson v Canada , 2006 FC 931 , af’d 2007 FCA 380, leave to appeal to SCC refused, [2008] SCCA No 299. All three levels of court rejected Charter damages claim. 61) Samimifar v Canada (Ministe......
  • The Second Period of Evolution, 1995?2010
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...[ Pack MJ ]; Dulude v Canada (1997), 138 FTR 301 (TD), rev’d [2000] 1 FC 545 (CA) [ Dulude ]; Pearson v Canada , 2006 FC 931 , af’d 2007 FCA 380, leave to appeal to SCC refused, [2008] SCCA No 299 [ Pearson ]; Samimifar v Canada (Minister of Citizenship and Immigration) , 2006 FC 1301......
  • Preface
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...v Quebec (AG) , [1996] 3 SCR 347; Mackin v New Brunswick (Minister of Finance) , 2002 SCC 13; Pearson v Canada , [2008] SCCA No 299, af’g 2007 FCA 380, Linden JA, though not a fully reasoned judgment on the point of qualiied immunity. 21 See Kingstreet Investments Ltd v New Brunswick (Finan......
  • Supreme Court of Canada Decisions, 1995?2010
    • Canada
    • Irwin Books Understanding Charter Damages. The Judicial Evolution of a Charter Remedy
    • June 23, 2016
    ...1987) at 43. 78 Ibid . 79 Mackin , above note 13 at para 79. 80 Ibid . 81 Guimond , above note 30. 82 Mackin , above note 13. 83 2007 FCA 380, leave to appeal to SCC refused, [2008] SCCA No 299. 84 (2006), 82 OR (3d) 561 (CA). 85 See Guimond , above note 30; Mackin , above note 13. 86......

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT