Michel Décary

The applicant brought a motion for contempt of court against five band council members and their lawyer for failing to comply with a previous order imposing fines and costs for an earlier contempt.

Instead of paying the amounts to the Court Registry or the applicant as ordered, four of the council members and their lawyer set up a scheme to hold the funds in the lawyer's trust account pending an appeal and a stay application.

The Federal Court found four of the council members and the lawyer guilty of contempt of court, concluding they intentionally disobeyed the order and interfered with the administration of justice.

One council member was acquitted due to a genuine inability to pay.

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.