Department of Justice

MOTION FILED IN BLACK CASE

OTTAWA, September 13, 1999 -- The Government of Canada filed a motion today in Ontario Superior Court in the case of Black v. Chrétien and Attorney General of Canada. The motion seeks to have the lawsuit filed by Mr. Conrad Black dismissed because it does not disclose a reasonable cause of action. Specifically, the motion claims:

• The exercise of the Crown's prerogative in these circumstances is not reviewable by the courts.
• Furthermore, the Ontario Superior Court does not have jurisdiction to make the declarations sought by Mr. Black. Such claims must be brought in the Federal Court of Canada;

"When this lawsuit was filed, the Prime Minister said the government would vigorously defend it," said David Scott, the Ottawa lawyer who is representing the government.

This motion will argue, among other things, that this lawsuit does not involve matters of law reviewable by the courts. It will be argued that there are certain prerogative decisions of the Crown that cannot be the basis of a lawsuit. Our position is that this is one of them.

"The government wants a ruling on which, if any, of the many issues raised by Mr. Black belong in the courts, before embarking on a long and costly legal proceeding," added Mr. Scott.

The motion will be heard in Toronto on at a date to be fixed by the court. The government is not required to file its statement of defence until the motion is dealt with by the court.

David Scott, of the firm Borden Elliot Scott & Aylen, will be available to the media between 11 a.m. and 1 p.m. today. Please call Public Affairs at the number below, should you wish to speak to him.

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Ref.:  

Irène Arseneau 
Public Affairs
(613) 957-4207