May 28, 1996

The Honourable Charles Dubin, Q.C.
Tory Tory Deslauriers & Binnington
Box 270
3000 Aetna Tower
Toronto Dominion Bank
Toronto, Ontario
M5K 1N2

RE : Communications between Justice Officials and the Courts

Dear Mr. Dubin:

I agreed to set out for you the work you would do for us in this matter.

As you know, Ted Thompson, Assistant Deputy Attorney General, Civil Litigation, had a meeting with the Chief of Justice of the Federal Court where they discussed the Court's management of three revocation of citizenship cases. Ted Thompson has written to the Law Society informing them of this meeting. I am attaching a copy of this letter. In addition, his conduct is in issue in a stay application in the three cases.

Under your retainer, you would review the facts surrounding Mr. Thompson's communications with the Chief Justice. You would assess the seriousness of Mr. Thompson's conduct and, if it becomes relevant, you would also review the behaviour of any other official of my Department.

In doing this work, you may need to examine the individual and institutional relationships between judges and Courts on the one hand and Justice officials and the Department on the other. I would like to hear from you any observations as to past and present practice and as to any steps you believe the Minister and I should take to ensure that, in its dealings with the Court, the Department maintains its commitment to ensure the independence of the judiciary.

You will have access to any information under the control of the Department and to any persons, including the Minister and me.

I would like you to provide me with the results of your review and any recommendations you may have as soon as possible.

Yours sincerely,

George Thomson

Attch.