Date: 20020416
Docket: A-31-01
Montréal, Quebec, April 16, 2002
Coram: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
GILLES AYOTTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The appeal is dismissed without costs.
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"Robert Décary"
J.A. |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
Date: 20020416
Docket: A-31-01
Neutral citation: 2002 FCA 139
Coram: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
GILLES AYOTTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec, on April 16, 2002.
Judgment from the bench at Montréal, Quebec, on April 16, 2002.
REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A.
Date: 20020416
Docket: A-31-01
Neutral citation: 2002 FCA 139
Coram: DÉCARY J.A.
NOËL J.A.
PELLETIER J.A.
BETWEEN:
GILLES AYOTTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench in Montréal, Quebec,
on April 16, 2002.)
DÉCARY J.A.
[1] We consider that this appeal has become moot since the appellant has already been transferred to a medium security institution, and this was the principal point in the appeal.
[2] Our reading of the file leads us to conclude that the following comments by Létourneau J.A. in Fortin v. Donnacona Institution, [2000] F.C.J. No. 235, are applicable in the case at bar:
[3] Hav[ing] said that, we are concerned by the scanty information supplied to the appellant in this case by the prison administration concerning its suspicions about him in regard to the introduction of a firearm into the Leclerc Institution, where the appellant was then being held, and in regard to a possible conspiracy to escape from that institution.
[4] Subject to the measures that must be taken to guarantee the security of outsiders and the protection of personal and confidential information, an inmate faced with such suspicions or charges should be given sufficient information concerning the circumstances of time, place and manner to enable him to reply intelligently to the charges against him.
[3] The appeal will be dismissed without costs.
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"Robert Décary"
J.A. |
Certified true translation
Suzanne M. Gauthier, C. Tr., LL.L.
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FEDERAL COURT OF CANADA APPEAL DIVISION
Date: 20020416
Docket: A-31-01
Between:
GILLES AYOTTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
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FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
FILE: A-31-01
Appeal from Trial Division judgment in case T-787-00 on January 2, 2001
STYLE OF CAUSE: GILLES AYOTTE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 16, 2002
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
CONCURRED IN BY: NOËL J.A.
PELLETIER J.A.
DATED: April 16, 2002
APPEARANCES:
Daniel Royer FOR THE APPELLANT
Éric Lafrenière FOR THE RESPONDENT
SOLICITORS OF RECORD:
Labelle, Boudrault, Côté et Associés FOR THE APPELLANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec