Lawyers Successful in Application to Quash Subpoena
McKenzie Lake Lawyer Kevin Egan and Fredrick Schumann of Stockwoods LLP were co-counsel on an application that they brought on behalf of Prime Minister Trudeau. The Application was to quash a subpoena the Defendant, Shane Marshall had obtained in attempting to force Justin Trudeau to testify at Mr. Marshall’s criminal trial.
Egan and Schumann argued on three grounds:
- The Prime Minister had no material evidence to provide;
- The subpoena was brought for an improper (political) purpose and;
- The Prime Minister has constitutional immunity against being forced to testify when Parliament is in session.
On Monday, March 6th they received an oral decision quashing the subpoena. On Tuesday, March 7th, Mr. Marshall pleaded guilty to assaulting the Prime Minister. On Thursday, March 9th, they received the endorsement of Justice Leach with the written rationale.
“This decision is important in these circumstances but also sets an important precedent should similar attempts be made in the future,” explained Lawyer Kevin Egan.