David Lucas

The appellants, A, B, and C, sought an order of certiorari to quash a subpoena compelling A to testify in a criminal trial, or alternatively, a remedy under s. 24(1) of the Charter due to perceived threats to their security.

B and C were living outside Canada.

The Superior Court dismissed the application, holding that a Charter remedy was not available to persons outside Canada.

The Supreme Court of Canada allowed the appeal, holding that the Superior Court erred in failing to consider the safety of the appellants and in finding that remedies were unavailable to persons outside the country in these special circumstances.

A new hearing was directed.

The respondent brought an action in the Federal Court alleging the appellants formed an agreement violating the Combines Investigation Act and claiming damages under both the Act and the Civil Code of Lower Canada.

The appellants challenged the constitutionality of the provisions creating a private cause of action and conferring jurisdiction on the Federal Court, as well as the court's competence to hear the provincial law claim.

The Supreme Court of Canada held that the impugned provisions of the Combines Investigation Act are intra vires Parliament under the trade and commerce power.

The Court further held that the Federal Court has jurisdiction to hear the claim under the federal Act, but lacks jurisdiction to hear the claim based on the Civil Code.