The plaintiff, an inmate at a federal penitentiary in Quebec, brought an action against the Attorney General of Canada alleging discrimination regarding the provision of Kosher food.
The defendant moved to strike the statement of claim on the grounds of lack of jurisdiction, abuse of process, and failure to disclose a reasonable cause of action.
The court granted the motion to strike for lack of jurisdiction and failure to disclose a reasonable cause of action, but granted the plaintiff leave to amend his statement of claim to plead material facts establishing jurisdiction in Ontario and a proper Charter claim.
