Date: 20000918
Docket: T-1043-00
Ottawa, Ontario, September 18, 2000
| Before: Pinard J. |
Between:
DRISS BOUGHALEB
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
| Motion by plaintiff to appeal decision by prothonotary Richard Morneau on August 16, 2000 |
[Rule 51 of Federal Court Rules (1998)]
ORDER
The motion is dismissed with costs.
| YVON PINARD JUDGE |
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20000918
Docket: T-1043-00
Between:
DRISS BOUGHALEB
Plaintiff
- and -
HER MAJESTY THE QUEEN
Defendant
REASONS FOR ORDER
PINARD J.
[1] This is a motion by the plaintiff appealing the following decision by the prothonotary Morneau on August 16, 2000:
| [TRANSLATION] |
| IN VIEW OF the defendant's motion pursuant to Rules 221(1)(a), (b), (c) and (f) and 369 of the Federal Court Rules (1998), asking that the plaintiff's statement of claim be struck out; |
| IN VIEW OF the record, including the written allegations of the plaintiff in response to the motion by the defendant; |
| THE COURT MAKES THE FOLLOWING ORDER: |
| 1. the plaintiff's motions under Rules 317 and 369(2) of the Rules are dismissed; |
| 2. the defendant's motion to strike the plaintiff's statement of claim is allowed; |
| 3. the statement of claim is struck out pursuant to s. 221(1)(a), (b), (c) and (f) of the Federal Court Rules (1998); |
| 4. the plaintiff's action is dismissed. |
[2] The plaintiff's statement of claim contained the following fundamental allegation:
| [TRANSLATION] |
| I solemnly declare that the Federal Government of CANADA has very seriously infringed my fundamental rights and freedoms as a Canadian citizen and a human being under ss. 1, 2, 7, 12, 15 and 32 of the Canadian Charter of Rights and Freedoms and s. 52(1) of the Constitution Act. |
| There have also been attempts on my life (hence the urgency for a hearing in this Court) and injury to my reputation. |
| Accordingly, this action is brought on good grounds and without any frivolous intent whatever and is not brought to harass or to create a scandal. |
| I am asking for explanations from the authorities involved and asking that justice be done as it should be in a democracy where no one is beyond the reach of justice and where abuse of power is not acceptable. |
| Consequently, the plaintiff is asking: |
| (a) that s. 24(1) of the Canadian Charter of Rights and Freedoms be applied; |
| (b) based on my potential and my abilities and the fact that I have been forced to lose eighteen years of my life trying to control it; |
| I am seeking a minimum of $50,000,000 damages. |
[3] The allegations which follow this "solemn declaration" do not mention any specific wrong allegedly committed by any particular employee of the Crown, causing the plaintiff direct and immediate damage. The allegations of the statement of claim that could be linked to the defendant are so vague, imprecise and at times incoherent that not only does the statement of claim disclose no cause of action but it is in addition immaterial, even frivolous, and is an abuse of the process of the Court. Consequently, in view of ss. 3 and 10 of the Crown Liability and Proceedings Act, R.S.C. 1985, c. C-50, art. 1457 of the Civil Code of Quebec and s. 221(1)(a), (b), (c), and (f) of the Federal Court Rules (1998), the plaintiff's motion is dismissed with costs.
| YVON PINARD JUDGE |
OTTAWA, ONTARIO
September 18, 2000
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| COURT No.: T-1043-00 |
| STYLE OF CAUSE: Driss Boughaleb v. Her Majesty the Queen |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: September 11, 2000 |
| REASONS FOR ORDER BY: PINARD J. |
| DATED: September 18, 2000 |
APPEARANCES:
| Driss Boughaleb FOR HIMSELF |
| Nathalie Benoit FOR THE DEFENDANT |
SOLICITORS OF RECORD:
| Driss Boughaleb FOR HIMSELF |
MONTRÉAL, QUEBEC
| Morris Rosenberg FOR THE DEFENDANT |
Deputy Attorney General of Canada
MONTRÉAL, QUEBEC