Date: 19991109
Docket: T-1587-98
BETWEEN:
ADITYA NARAYAN VARMA
Applicant
- and -
BRUCE PHILLIPS
Privacy Commissioner
Respondent
- and -
ANDRE OUELETT
Chairman, Canada Post Corporation
Respondent
APPLICATION UNDER Section 41 of the Privacy Act
1980-81-82-83, c. 111, Sch.II "1"
Pursuant to Section 18 of the Federal Court Act
REASONS FOR JUDGMENT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, November 9, 1999)
McGILLIS, J.:
[1] The applicant seeks to challenge by way of application a decision dated June 22, 1998 of Bruce Phillips, the Privacy Commissioner of Canada. In particular, he seeks the issuance of an order that André Ouellet, the Chairman of Canada Post Corporation, provide him with "...access to his Personal\Personnel Files, in its (sic) entirety in the photo-copy mode". The applicant is self-represented.
[2] In his memorandum of fact and law, filed in support of his application, the applicant stated as follows:
| Part I Statement of Points at Issue |
| 1. The Existence of Project 800 . |
| A. " which concerned huge fund of money that could be dispersed without treasury board approval ." |
| B. "In the course of performing his services for his employer , the Plaintiff discovered the existence of Project 800 , which was used by senior Members of Parliament and corporate executives to peculate public funds to their own benefit . Canada Post Corporation , which is not subject to any regulation or accountability mechanism by reason of its exclusion from the relevant schedules of the Auditor General of Canada , the Minister of Labour and relevant federal access to information legislation and whose jurisdiction therefore was omnipotent for all purposes with respect to its operation , was well aware of the Plaintiff"s knowledge of Project 800 and was instrumental in obtaining his discharge in order to protect various persons from exposure and prevent the Plaintiff from using the information which he acquired regarding the aforesaid project to the detriment of those benefitting [sic] from its existence . As a result of his discovery of Project 800, the Plaintiff in order to protect himself from adverse consequences by his employer asked for and had himself demoted voluntarily to a Postal Clerk , POL(4) ." |
| 2. Project 800 is contained in the Applicant"s Personal/Personnel File(s) . |
| 3. The Respondent Andre Ouelett at all material times , during his past tenure as Minister Responsible for Canada Post Corporation and then his current tenure as Chairman and Chief Executive Officer of Canada Post Corporation is part and parcel of what the Project 800 is all about . |
| 4. The Applicant"s Personal/Personnel File(s) in its entirety is required as evidence in interlocutory matters in other litigations [sic] where the Applicant has been dealt with in the following manner : |
| "...There is no way we are going to let this fucking paki beat us , and that is straight from Perrin......." |
| " Don"t let the bastards get you down " |
| " The trouble with you guys is that when we give you an inch you take a mile .... if I had my way , I would slam the door on you so hard , that it would make your nose bleed ......." |
| " You are dumb and stupid ......." |
| Part II Statement of Points at Issue |
| 1. Is the Federal Court of relying on the Federal Court Rules or on the Protocols of the Learned Elders of Zion in dealing with this application ? |
| 2. Is there any possibility that this Application can be heard before a Federal Court of Canada Judge that is not by sheer definition corrupt , slave of the Elders of Zion or basically bought and paid for by Canada Post Corporation and/or the Government ? |
| Part III Statement of Submissions |
| 1. In paragraph 11 ( Tab 2. Page 13. Motion Record of Respondent Andre Ouelett , Chairman of Canada Post Corporation filed to this Honourable Court ) , in an Affidavit (sworn on behalf of Respondent Ouelett on September 30th. 1998) Counsel Gordon D. Capern of the Toronto Law Firm of Gowling Strathy & Henderson , amongst other things , makes oath and swears as follows : |
| " On the other hand , the Respondent will suffer significant prejudice if this Court does not grant the relief requested in this motion , as disclosure of highly important , confidential Canada Post documents is at issue ." |
| 2. In paragraph 27 ( Tab 3. Page 352. Motion Record of respondent Andre Ouelett , Chairman of Canada Post Corporation filed to this Honourable Court ) , in Written Representations of Counsel Pamela j. Shime of the Toronto Law Firm of Gowling Strathy & Henderson (dated September 30th. 1998) Counsel Pamela J. Shime , amongst other things , states as follows : |
| " On the other hand , the prejudice the Respondent would suffer if this motion were to be denied would be significant and against the public interest of the Canadians served by Canada Post . The disclosure of confidential Canada Post documents would prejudice the government of Canada ." |
[3] At the hearing of the application, the applicant made rambling, incoherent and unsubstantiated submissions concerning Project 800, the Protocols of the Learned Elders of Zion, kickbacks, thefts and "judges on the take". His submissions were replete with scurrilous and defamatory remarks concerning present and former politicians, the members of two prominent Canadian Jewish families, and judges of the Federal Court of Canada and the Ontario Court of Appeal, particularly those of the Jewish faith. He described a proceeding in the Ontario Court of Appeal as the "three monkeys trial", presided over by three judges, two of whom were "Elders of Zion". Another judge of the Ontario Court of Appeal was described by him as "the banality of evil". He also stated that he had made an application for "bet din under Talmudic laws", giving up all of his rights to appear before the "Jewish Court". To date, he has apparently not yet heard back from the rabbi. Throughout his submissions, the applicant made derogatory comments concerning other Jewish persons. Underlying his submissions appears to be the notion that there is some sort of nefarious conspiracy propagated by the "Elders of Zion".
[4] It is unnecessary for me to summarize in any greater detail the position taken by the applicant in his written materials and his oral submissions. In my opinion, his application is utterly devoid of merit and constitutes a severe abuse of the process of the Court.
[5] The application is dismissed. Costs are awarded against the applicant in the amount of $5,000.00, payable forthwith.
"D. McGillis"
Judge
Toronto, Ontario
November 9, 1999
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| STYLE OF CAUSE: ADITYA NARAYAN VARMA |
Applicant
- and -
Respondent
- and -
| Chairman, Canada Post Corporation |
Respondent
| DATE OF HEARING: TUESDAY, NOVEMBER 9, 1999 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR JUDGMENT BY: McGILLIS J. |
DATED: TUESDAY, NOVEMBER 9, 1999
| APPEARANCES: Mr. Aditya Narayan Varma |
| The Applicant On His Own Behalf |
| For the Respondent, André Ouelett |
| For the Respondent, Bruce Phillips |
| SOLICITORS OF RECORD: Aditya Narayan Varma |
| The Applicant On His Own Behalf |
| Gowling, Strathy & Henderson |
| P.O. Box 438, Stn. Commerce Court West |
| For the Respondent, André Ouelett |
| Solicitors of record ... cont"d McCarthy Tétrault |
| For the Respondent, Bruce Phillips |
FEDERAL COURT OF CANADA
Date: 19991109
Docket: T-1587-98
Between:
Applicant
- and -
Respondent
- and -
| Chairman, Canada Post Corporation |
Respondent
REASONS FOR JUDGMENT