Canada ( Minister of Citizenship and Immigration ) v. Tobiass
T-569-95
Noël J.
23/12/97
11 pp.
Motion for procedural directions-Registrar of Canadian Citizenship notifying respondent of Minister's intention to submit report to Governor in Council recommending revocation of respondent's citizenship-At respondent's request applicant filing notice of reference before Court, seeking declaration respondent obtaining citizenship through false representation, fraud, or by knowingly concealing material circumstances-Respondent resisting parts of motion seeking kind of pre-trial exchange of information normally coincident to civil action-Distinguishing between what sees as civil and criminal aspects of allegations made against him-Asserting right to remain silent with respect to alleged criminal acts forming subject-matter of failure to disclose-(1) Present proceeding not both civil and criminal-Either stands as person charged with offence, in which case entitled to remain silent, or does not, in which case compellable-This is civil proceeding, respondent compellable-(2) Respondent asserting at risk of prosecution for acts allegedly committed i.e. war crimes or crimes against humanity-Acknowledging Charter, s. 13 guaranteeing witness' right not to have incriminating evidence used against him in any other proceeding, but saying not protecting him with respect to proceedings outside Canada-Submitting s. 13 should be construed as preserving unaltered common law right of witness not to answer questions tending to incriminate him-Common law right of witness not to answer questions tending to incriminate him in another proceeding never extended to apprehended foreign proceedings-Respondent not identifying any foreign proceeding with respect to which at risk-Must provide mutual discovery with respect to any matter in issue in proceeding-Specifics of motion for directions granted essentially as framed.