Edward Babin

The plaintiffs, the Minister of Citizenship and Immigration and the Minister of Public Safety, appealed a prothonotary's order requiring them to disclose privileged documents in a citizenship revocation proceeding.

The Court raised a preliminary issue of whether it had jurisdiction to hear the appeal.

The Court held that section 10.6 of the Citizenship Act, which bars appeals from interlocutory judgments in declarations referred to in subsection 10.1(1) or 10.5(1), applies to decisions of prothonotaries, removing the Court's jurisdiction.

The appeal was dismissed.

In an action to revoke the defendant's citizenship based on allegations of war crimes, the defendant brought a motion concerning evidence admissibility and disclosure.

The Case Management Judge ordered a preliminary determination on whether foreign tribunal documents meet the certification requirements of s. 23 of the Canada Evidence Act.

The Court also held that while RCMP investigative documents were protected by litigation privilege, the Stinchcombe principles applied due to the severe consequences of the proceedings, requiring their disclosure.