The Commission des droits de la personne investigated the dismissal of two employees following an unfavourable RCMP report.
The Commission ordered an RCMP officer to produce documents, but the Solicitor General of Canada filed an affidavit objecting on national security grounds under s. 41(2) of the Federal Court Act.
The Commission dismissed the objection, prompting the Attorney General of Canada to seek a writ of evocation.
The Supreme Court of Canada dismissed the Commission's appeal, holding that the Commission is a court within the meaning of s. 41(2), the affidavit was sufficient, and the absolute Crown privilege created by the provision is constitutionally valid and not barred by the Canadian Bill of Rights.
