Schulze v. The Queen, (1974) 1 N.R. 368 (FCTD)

JudgeWalsh, J.
CourtFederal Court (Canada)
Case DateJanuary 17, 1974
JurisdictionCanada (Federal)
Citations(1974), 1 N.R. 368 (FCTD)

Schulze v. Can. (1974), 1 N.R. 368 (FCTD)

MLB headnote and full text

Schulze v. The Queen

Indexed As: Schulze v. The Queen

Federal Court of Canada

Trial Division

Walsh, J.

January 17, 1974.

Summary:

This case arose out of an interlocutory application for the disposition of a point of law pursuant to Rule 474 of the Federal Courts Rules. The point of law was whether police officers in the Province of Quebec were agents of the Federal Government for purposes of s. 3(1) of the Crown Liability Act. The plaintiff commenced an action for damages against the Government of Canada arising out of the death of a 19 year old girl who was kidnapped and murdered. The plaintiff alleged that the Federal Government was liable for the acts of municipal police officers. The Trial Division of the Federal Court of Canada held that municipal police officers in the Province of Quebec when enforcing the Federal criminal law were not the agents of the Federal Government for purposes of the Federal Crown Liability Act.

The Trial Division stated that the municipal police officers were acting pursuant to the Quebec Police Act and s. 92(14) of the British North America Act which makes the provinces responsible for the administration of justice in the province - see paragraphs 9 and 10.

Crown - Topic 1505

Torts by Crown - Liability of Crown for acts of an agent - What constitutes an agent - Whether municipal police officers were agents of the Federal Government by virtue of their mandate to enforce the Federal Criminal Law - The Federal Court of Canada, Trial Division, held that the police officers were not agents of the Federal Government because they enforced the Criminal Law pursuant to the Quebec Police Act and s. 92(14) of the British North America Act which makes the provinces responsible for the administration of justice in a province.

Words and Phrases

Agent - The Federal Court of Canada, Trial Division, discussed the meaning of the word "agent" in the Federal Crown Liability Act.

Cases Noticed:

Cite de Montreal v. Plante (1923), 34 K.B. 137, dist. [para. 5].

Hebert v. La Cite de Thetford Mines, [1932] S.C.R. 424, dist. [para. 5].

Roy v. City of Thetford Mines, et al., [1954] S.C.R. 395, dist. [para. 5].

Allain et Autres v. Procureur General de la Province du Quebec, [1971] S.C. 407, folld. [para. 7].

St-Pierre v. Cite des Trois Rivieres (1936), 61 K.B. 439, folld. [para. 7].

La compagnie Tricot Somerset Inc. v. La Corporation du Village de Plessisville, [1957] K.B. 797, folld. [para. 7].

Attorney General for New South Wales v. Perpetual Trustee Co. Ltd., [1955] A.C. 457, folld. [para. 7].

Enever v. The King, [1906] 3 C.L.R. 969, folld. [para. 7].

Fortin v. Sa Majeste la Reine, [1965] S.C. 168, folld. [para. 7].

Statutes Noticed:

Police Act, S.Q. 1968, c. 17, sect. 2, sect. 54 [para. 10].

British North America Act, sect. 92(14) [para. 9].

Crown Liability Act, R.S.C. 1970, c. C-38, sect. 2 [para. 3]; sect. 3(1) [para. 3].

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 2(c) [para. 5].

Counsel:

M. Chailkelson, for the plaintiffs;

D. Bouffard, for the defendant.

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