Mr. Speaker, with respect to the costs incurred by the government to litigate the case of Abousfian Abdelrazik and his claims that Canada violated his rights under the Canadian Charter of Rights and Freedoms, to the extent that the information that has been requested is or may be protected by any legal privileges, including solicitor-client privilege, the federal Crown asserts those privileges. In this case, it has only waived solicitor-client privilege, and only to the extent of revealing the total legal costs, as defined below.
The total legal costs, actual and notional costs, associated with Mr. Abousfian Abdelrazik Charter claims, both at the Federal Court, Federal Court file number T-727-08, T-1580-09, T- 889-10 and DES-3-18; and Federal Court of Appeal, Federal Court of Appeal file number A-370-09, since June 1, 2008, amount to approximately $9.3 million. This amount covers the costs associated with the numerous procedures, including interlocutory motions and appeal thereof that have been filed in these court cases over a period of more than 12 years. The services targeted here are litigation services provided, in this case, by the Department of Justice, as well as litigation support services. Department of Justice lawyers, notaries and paralegals are salaried public servants and therefore no legal fees are incurred for their services. A “notional amount” can, however, be provided to account for the legal services they provide. The notional amount is calculated by multiplying the total hours recorded in the responsive files for the relevant period by the applicable approved internal legal services hourly rates. Actual costs covered in the total amount mentioned in this response include file-related legal disbursements as well as costs awards. The total amount mentioned in this response is based on information currently contained in Department of Justice systems, as of October 23, 2020.