Stiles v. Canada (Attorney General), (1986) 3 F.T.R. 234 (TD)

• Judge: Dube, J.
• Court: Federal Court (Canada)
• Case Date: May 01, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 3 F.T.R. 234 (TD)

Stiles v. Can. (A.G.) (1986), 3 F.T.R. 234 (TD)

MLB headnote and full text

Stiles v. Her Majesty The Queen

(T-2284-85)

Indexed As: Stiles v. Canada (Attorney General)

Federal Court of Canada

Trial Division

Dube, J.

May 2, 1986.

Summary:

A R.C.M.P. officer who admitted having homosexual experiences was allegedly forced to resign and told that he would not be considered for employment in the Canadian Security Intelligence Service. The officer commenced an action against the federal Crown. The Crown applied under Rules 419 of the Federal Court Rules to strike out portions of the officer's statement of claim.

The Federal Court of Canada, Trial Division, in a decision reported 2 F.T.R. 173, allowed the application. The court struck out the challenged claims in the statement of claim on the ground that facts pleaded disclosed no cause of action, but gave the officer time to file an amended statement of claim.

Subsequently the officer filed an amended statement of claim. The Crown applied to strike out certain claims in the amended pleadings on the ground that no material facts were pleaded in support of the relief claimed.

The Federal Court of Canada, Trial Division, in the decision reported below, dismissed the Crown's application to strike the pleadings, holding that the allegations in the pleading, if proved, might give rise to a cause of action.

Practice - Topic 2230

Pleadings - Striking out - Grounds - Failure to disclose a cause of action - An R.C.M.P. officer brought an action against the federal Crown for a declaration that he was denied an opportunity to seek employment in the Canadian Security Intelligence Service because he was a homosexual contrary to the equality provision of s. 15 of the Charter - The Federal Court of Canada, Trial Division, refused to strike the officer's pleading, because if he could establish that he was denied an opportunity to seek employment because of his homosexuality, he might have a good case of action under the Charter, s. 15 - See paragraphs 1 to 7.

Cases Noticed:

Stiles v. Canada (Attorney General) (1986), 2 F.T.R. 173, refd to. [para. 2].

Counsel:

Dougald E. Brown, for the plaintiff;

Arnold S. Fradkin, for the defendant.

Solicitors of Record:

Nelligan/Power, Ottawa, Ontario, for the plaintiff;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, for the defendant.

This application was heard at Ottawa, Ontario, on May 1, 1986, before Dubé, J., of the Federal Court of Canada, Trial Division, who delivered the following decision on May 10, 1986: