Pierre Fournier

The appellants sought an injunction in the Federal Court Trial Division to prohibit the respondents from filing a Minister's certificate under s. 244(4) of the Income Tax Act in the Court of Sessions of the Peace.

The certificate established the date evidence came to the Minister's knowledge, which affected the limitation period for summary conviction tax evasion charges.

The Supreme Court of Canada dismissed the appeal, holding that the filing of the certificate is merely a statutory mode of proof and does not constitute an administrative decision or the exercise of a discretionary power.

Therefore, the Minister was not acting as a 'federal board, commission or other tribunal' under s. 18 of the Federal Court Act, and the Trial Division had no jurisdiction to grant the injunction.

The appellants, residents of Ontario, signed consents for their unborn child to be adopted by the respondents, who were domiciled in Quebec.

After the child was born and placed with the respondents, the appellants changed their minds and sought the return of the child via a writ of habeas corpus.

The Supreme Court of Canada dismissed the appeal, holding that the child was validly placed for adoption under both Quebec and Ontario law.

Consequently, the Youth Court had exclusive jurisdiction to determine custody and adoption, and the Superior Court correctly quashed the writ of habeas corpus.