PRACTICE |
"Gap" Rule |
Khadr v. Canada (Minister of Foreign Affairs)
T-686-04
2004 FC 1393, von Finckenstein J.
13/10/04
8 pp.
Applicants members of Omar Khadr's family, Canadian citizen detained by U.S. government as result of alleged involvement with Al-Qaida in Afghanistan--Application brought to compel Canada to extend consular, diplomatic services to him--Applicants now bringing motion under Federal Court Rules, 1998, r. 4 for order directing former Director General of Consular Affairs at Department of Foreign Affairs to attend before Court for examination--Arguing as no rule for examination of witnesses in judicial review application, resort to "gap" rule necessary--Supporting affidavit unacceptable as based on hearsay evidence--"Gap" rule one of last resort--Rules containing complete code for dealing with judicial review applications--Applicant not establishing proposed witness only source of information re: whether Vienna Convention on Consular Relations part of customary international law, common law, and re: practice of Department of Foreign Affairs in consular matters-- Application unnecessary, premature --Application adjourned sine die-- Federal Court Rules, 1998, SOR/98-106, r. 4-- Vienna Convention on Consular Relations, March 19, 1967, 596 U.N.T.S. 261.