Michel Décary

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 appellants, members of the Commission de police du Québec, conducted an inquiry and submitted a report censuring the respondent's conduct.

The respondent sued for exemplary damages, alleging the appellants acted without jurisdiction and breached natural justice by failing to give him an opportunity to be heard.

The appellants moved to dismiss the action, claiming absolute immunity under the Police Act and the Act respecting public inquiry commissions.

The Supreme Court of Canada held that the commissioners enjoy the same absolute immunity as superior court judges for acts done in the execution of their duty, which includes holding an inquiry and submitting a report.

The appeal was allowed and the action for damages dismissed.