Lily Hassall

The respondent objected to producing records ordered by subpoenas duces tecum in a contempt proceeding, arguing it would be contrary to Charter values to do so before an admissibility ruling.

The Federal Court held that the admissibility objection was premature and that production of the records as required by the subpoenas was not inconsistent with Charter values.

The Court ordered the parties to exchange all anticipated records before the show cause hearing.

The employer, Viterra Inc., brought a motion to quash two subpoenas duces tecum issued to its employees in the context of a contempt proceeding initiated by the Grain Workers' Union Local 333 ILWU.

The employer argued that compelling its employees to testify and produce documents was tantamount to compelling the corporation to testify against itself, contrary to Rule 470(2) of the Federal Courts Rules.

The Federal Court dismissed the motion, holding that a corporation does not enjoy the protection against self-incrimination under Rule 470(2) or section 11(c) of the Charter, and that compelling an employee to testify is not compelling the corporation itself.

The issue of document admissibility was deferred to the contempt hearing judge.