Date: 19981214
Docket: A-440-97
CORAM: PRATTE J.A.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
PACK M.J. INC.
- and -
JACQUES THIBAULT
- and -
LUCIE FORTIN
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Québec, Quebec
on Monday, December 14, 1998)
PRATTE J.A.
[1] We do not need to hear you, Mr. Sébastien.
[2] It was settled by the Supreme Court in Schachter v. Canada, [1992] 2 S.C.R. 679 and Guimond v. Quebec (Attorney General), [1996] 3 S.C.R. 347, that except in special circumstances, an action for damages under subsection 24(1) de la Canadian Charter of Rights and Freedoms cannot be coupled with a declaratory action for invalidity under section 52 of the Constitution Act, 1982.
[3] In the instant case, as in Guimond, the appellants base their claim for damages solely on the fact that, in their view, Parliament enacted an unconstitutional statute which infringes the Charter, without arguing that special circumstances exist which warrant a departure from the general rule laid down by the Supreme Court.
[4] It follows that Hugessen J. was justified in allowing the respondent"s motion to strike.
[5] The appeal will be dismissed with costs.
Louis Pratte
J.A.
Certified true translation
M. Iveson
Date: 19981214
Docket: A-440-97
CORAM: PRATTE J.A.
DESJARDINS J.A.
DÉCARY J.A.
BETWEEN:
PACK M.J. INC.
- and -
JACQUES THIBAULT
- and -
LUCIE FORTIN
Appellants
- and -
HER MAJESTY THE QUEEN
Respondent
Hearing held at Québec, Quebec on Monday, December 14, 1998.
Judgment delivered from the bench on Monday, December 14, 1998.
REASONS FOR JUDGMENT OF THE COURT BY: PRATTE J.A.
| FEDERAL COURT OF APPEAL |
| Date: 19981214 |
| Docket: A-440-97 |
| BETWEEN: |
| PACK M.J. INC. |
| - and - |
| JACQUES THIBAULT |
| - and - |
| LUCIE FORTIN |
| Appellants |
| - and - |
| HER MAJESTY THE QUEEN |
| Respondent |
| REASONS FOR JUDGMENT |
| OF THE COURT |
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: A-440-97
APPEAL FROM A JUDGMENT OF THE TRIAL DIVISION BY JAMES K. HUGESSEN J. DATED JUNE 4, 1997 IN FILE T-86-97.
STYLE OF CAUSE: Pack M.J. Inc et al. v. The Queen
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: December 14, 1998
REASONS FOR JUDGMENT OF THE COURT: (Pratte, Desjardins, Décary JJ.A.)
DELIVERED FROM THE BENCH ON DECEMBER 14, 1998 BY: Pratte J.A.
APPEARANCES:
Michel Pouliot for the appellants
Louis Sébastien for the respondent
SOLICITORS OF RECORD:
Michel Pouliot for the appellants
Charlesbourg, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada