Hill v. Church of Scientology of Toronto
[1995] 2 S.C.R. 
 Hill v. Church of Scientology of Toronto
 1130



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Morris Manning and 
the Church of Scientology of Toronto      

Appellants 

v. 

S. Casey Hill     

 Respondent 

and 

The Attorney General for Ontario, 
the Canadian Civil Liberties Association, 
the Writers' Union of Canada, 
PEN Canada, 
the Canadian Association of Journalists, 
the Periodical Writers Association of Canada, 
the Book and Periodical Council,
the Canadian Daily Newspaper Association, 
the Canadian Community Newspapers Association, 
the Canadian Association of Broadcasters, 
the Radio-Television News Directors Association of Canada, 
the Canadian Book Publishers' Council and 
the Canadian Magazine Publishers' Association

      Interveners 

Indexed as:  Hill v. Church of Scientology of Toronto

File No.:  24216.

1995:  February 20; 1995:  July 20.

snip

27     Patricia Felske is a Scientologist who had attended at the
offices of the OPP on a regular basis since March 1983 for the purpose
of reviewing the seized materials and ensuring that the privileged
documents were sealed. Between August 29, 1984, and September 27,
1984, she, along with other representatives from Scientology, opened
the sealed envelopes and verified their contents against photocopies
of the documents that Rosemarie Drapkin had examined. Their purpose
was to determine whether Ms. Drapkin had been granted access to the
restricted materials.

snip

32     From the contents of the Felske Memorandum, which only came to
light at the trial of the present action, it is evident that prior to
the start of the contempt hearing, Scientology was well aware that no
sealed envelopes had been opened. Yet, it still proceeded with a
contempt prosecution against Casey Hill.

33     Morris Manning testified that he never received the Felske
Memorandum and conceded that if he had been aware of it, he would have
been obliged to disclose it to Casey Hill. However, on the weekend
prior to the start of the contempt trial, Morris Manning was briefed
by Charles Campbell. At trial, both Campbell and Ruby acknowledged
that they had received the Felske Memorandum. In addition, Campbell
testified that all important information concerning the prosecution
was shared with everybody involved. It might be inferred that this
would include Manning.

34     Further, Morris Manning met with Patricia Felske and two other
representatives of Scientology during the weekend prior to the hearing
of the contempt motion. However, he testified that they were not
interviewed for the purpose of giving evidence at the contempt trial
nor were they called to do so. Cromarty J. characterized the failure
to call these individuals as "a most eloquent omission".

35     There was another equally eloquent omission. The OPP officers
who were called by Scientology to testify were not asked to produce
the sealed envelopes they were directed to bring with them to court.
If they had, it would have been obvious that the envelopes had not
been tampered with.

snip

Keith Henson