Date: 20000301
Docket: T-661-99
IN THE MATTER OF: the Constitution Act, 1867, s. 133
AND IN THE MATTER OF: the Constitution Act, 1982, ss. 16 and 19
AND IN THE MATTER OF: theOfficial Languages Act, R.S.C. 1985 (4th suppl.) ch. 31
AND IN THE MATTER OF: the Corrections and Conditional Release Act and its related regulations
BETWEEN:
STEVEN GERMAINE BELAIR
Applicant
- and -
PRESIDENT OF THE DISCIPLINARY COURT FOR INMATES OF STONY MOUNTAIN INSTITUTION, and CORRECTIONAL SERVICE CANADA, and STONY MOUNTAIN INSTITUTION
Respondents
REASONS FOR ORDER AND ORDER
BLAISJ.
[1] The applicant filed a requisition for a hearing on August 17, 1999.
[2] Through a letter dated September 7, 1999, both parties to the proceedings jointly requested that the hearing date not be set until the Court renders a decision in file T-1413-98, for which the hearing was scheduled for February 14, 2000.
[3] The applicant filed written submissions for file number T-657-99 on December 17, 1999.
[4] These written submissions indicated that two other applications had been filed in the same Court against the same respondents, specifically file numbers T-657-99 and T-1413-98.
[5] A hearing date of February 14, 2000, was set for file numberT-1413-98 and the Honourable Justice Denis Pelletier issued an order dated February 15, 2000.
[6] In accordance with the decision of the Honourable Justice Pelletier stating that the disciplinary court is not a court that carries out adjudicative functions within the meaning of the Official Languages Act, the application for judicial review was dismissed.
[7] According to the applicant's written submissions, the applicant and the respondents believe that the decision rendered at the hearing on February 14, 2000, also applies to file numbers T-657-99 and T-661-99.
[8] CONSIDERING the decision of the Honourable Justice Pelletier of February 15, 2000;
[9] CONSIDERING that theapplicant and respondents agreed that the decision rendered for file number T-1413-98 would apply to this proceeding.
[10] THE COURT ORDERS THAT this application for judicial review be dismissed.
Pierre Blais Judge
OTTAWA, ONTARIO
March 1, 2000
Certified true translation
Monica F. Chamberlain
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-661-99
T-657-99
STYLE OF CAUSE: STEVEN GERMAINE BELAIR v. PRESIDENT OF THE DISCIPLINARY COURT FOR INMATES OF THE STONY MOUNTAIN INSTITUTION, CORRECTIONAL SERVICE CANADA, and STONY MOUNTAIN INSTITUTION
Order issued in writing without the appearance of the parties.
Reasons for Order and Order given by Blais J.
DATED: March 1, 2000
WRITTEN SUBMISSIONS BY:
J.R. Norman Boudreau FOR THE APPLICANT
SOLICITORS OF RECORD:
Booth Dennehy Ernst & Kelsch FOR THE APPLICANT
Winnipeg, Manitoba
Morris Rosenberg
Deputy Attorney General of Canada FOR THE RESPONDENT
Winnipeg, Manitoba