Summary:
The Federal Court released its decision on May 31, 2012, on Mr. Mahjoub’s
motion for a permanent stay of proceedings, which was heard on October 3, 2011, and
April 23 and 24, 2012. The motion was brought pursuant to events that led to the taking
and co-mingling of Mr. Mahjoub’s documents by the Ministers.
The Court found that the taking and co-mingling of Mr. Mahjoub’s documents, some of
which were privileged, was unintentional. The Court also found that no member of the
Ministers’ litigation team reviewed Mr. Mahjoub’s documents. Consequently, the Court
held that there would be no prejudice to Mr. Mahjoub’s fair trial rights were the
proceedings to continue.
The Court nevertheless found that the taking and co-mingling of Mr. Mahjoub’s
documents compromised the appearance of fairness in the administration of justice. In the
circumstances, the Court removed certain members of the Ministers’ litigation team to
ensure that public confidence in the administration of justice is maintained. The Court
held that this was not the clearest of cases in which a permanent stay of proceedings was
warranted.
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A French language summary of the conclusions is available. A certified translation will
be provided at the earliest possible time. A copy of the English version of these reasons
can be obtained on request to:
media-fct@fct-cf.gc.ca
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Andrew Baumberg
Media Contact / Liaison avec les Médias
Federal Court / Cour fédérale
Tel. / Tél. : (613) 947-3177