Department of Justice

GOVERNMENT OF CANADA SEEKS LEAVE
TO APPEAL SCHREIBER CASE

OTTAWA, April 24, 1997 -- Following a thorough review of the decision of the Federal Court of Appeal in the Schreiber case, the Government of Canada will seek leave to appeal to the Supreme Court of Canada and request an order to continue the stay of operation of the decision. This review involved a consideration of the legal opinions both of senior Justice officials and of an independent senior counsel retained for that purpose.

The decision of the Federal Court of Appeal raises a number of fundamental issues of national significance. These issues include: (1) whether the majority of the Federal Court of Appeal erred in finding Mr. Schreiber had the same reasonable expectation of privacy with respect to the banking documents and records relating to his bank accounts in Switzerland as he would have had if those banking documents and records were related to bank accounts in Canada; and (2) whether the majority of the Federal Court of Appeal erred in holding that the Letter of Request was the equivalent to a search warrant or to an order authorizing a search and seizure of banking documents in Switzerland by a Canadian governmental authority.

The decision of the Federal Court has a wide ranging impact for the enforcement of federal and provincial legislation in Canada. If upheld, it requires prior judicial approval for most requests for assistance made to foreign authorities in criminal cases under mutual assistance treaties. By analogy, it imposes the same requirement on requests under tax treaties, customs agreements, other written arrangements for assistance and all direct police to police requests which fall within the criteria outlined in the Schreiber decision. Hundreds of these requests are made each year.

The Government of Canada believes that this is a decision with major significance to law enforcement processes and to existing investigations and prosecutions before the court. Compliance with this judgment would require legislative amendments in a number of areas.

The decision is of such national importance that the opinion of the highest Court should be sought.

Ref.:   Cyrus Reporter
        Minister's Office
        (613) 992-4621