Date: 20000531
Docket: T-1821-99
Between:
RÉAL CHARTRAND,
Plaintiff,
and
ATTORNEY GENERAL OF CANADA,
Defendant.
REASONS FOR ORDER
TREMBLAY-LAMER J.
[1] This is an application for judicial review of a decision on March 5, 1999 by the Quebec Regional Deputy Commissioner of the Correctional Service of Canada ("CSC"), in which he dismissed the second-level grievance filed by the plaintiff challenging his transfer from the Montée St-François Institution ("MSFI"), a minimum security institution, to the Archambault Institution, a medium security institution.
[2] The plaintiff is no longer detained at the Archambault Institution, since he was transferred to the Ste-Anne-des-Plaines minimum security institution on October 4, 1999.1 The application for judicial review has thus become moot, since there is no longer any issue between the parties.
[3] Do the circumstances justify my exercising my discretionary authority despite the moot nature of this application for judicial review? I do not think so.
[4] Since each decision to transfer an inmate from one institution to another depends on the facts, I consider that there is no question of the public interest or of national importance in determining the legality of this administrative decision.
[5] Further, in view of the nature and scope of judicial review in this Court allowing the application would not, in my opinion, have any concrete effect on the plaintiff's rights.
[6] I therefore consider that the circumstances do not justify my exercising my discretionary power despite the moot nature of this application for judicial review.
[7] The application for judicial review is accordingly dismissed.
Danièle Tremblay-Lamer
JUDGE
MONTREAL, QUEBEC
May 31, 2000
Certified true translation
Martine Brunet, LL. B.
| FEDERAL COURT OF CANADA |
| TRIAL DIVISION |
| Date: 20000531 |
| Docket: T-1821-99 |
BETWEEN:
RÉAL CHARTRAND,
Plaintiff,
AND
ATTORNEY GENERAL OF CANADA,
Defendant.
REASONS FOR ORDER
| FEDERAL COURT OF CANADA |
| TRIAL DIVISION |
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
| COURT No.: T-1821-99 |
| STYLE OF CAUSE: RÉAL CHARTRAND |
| Plaintiff, |
| AND |
| ATTORNEY GENERAL OF CANADA, |
| Defendant. |
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: May 30, 2000 |
| REASONS FOR ORDER BY: TREMBLAY-LAMER J. |
| DATED: May 31, 2000 |
| APPEARANCES: |
| Daniel Royer for the plaintiff |
| Éric Lafrenière for the defendant |
| SOLICITORS OF RECORD: |
| Labelle, Boudrault, Côté & Associés for the plaintiff |
| Montréal, Quebec |
| Morris Rosenberg for the defendant |
| Deputy Attorney General of Canada |
| Ottawa, Ontario |