Date: 20030627
Docket: A-368-02
Citation: 2003 FCA 287
CORAM: DESJARDINS J.A.
NADONJ.A.
PELLETIERJ.A.
BETWEEN:
JEAN-YVES MIGNEAULT
Appellant
and
M. CHARBONNEAU
C. KENNEDY
NATIONAL PAROLE BOARD
Respondents
Hearing held at Montréal, Quebec, on June 17, 2003.
Judgment delivered at Ottawa, Ontario, on June 27, 2003.
REASONS FOR JUDGMENT BY: NADON J.A.
CONCURRED IN BY: DESJARDINS J.A.
PELLETIER J.A.
Date: 20030627
Docket: A-368-02
Citation: 2003 FCA 287
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
JEAN-YVES MIGNEAULT
Appellant
and
M. CHARBONNEAU
C. KENNEDY
NATIONAL PAROLE BOARD
Respondents
REASONS FOR JUDGMENT
[1] The appellant is asking us to set aside a decision of Mr. Justice Beaudry of the Trial Division dated May 14, 2002, which dismissed his application for judicial review of a decision by the Appeal Division of the National Parole Board (Appeal Division) dated June 14, 2001.
[2] The decision by the Appeal Division affirmed a decision of the National Parole Board (NPB) dated March 15, 2001, revoking the appellant's statutory release under subsection 135(5) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 (the Act). As a result of the NPB's decision, the appellant's new statutory release date became May 29, 2003.
[3] At the beginning of the appeal hearing, the respondents made a motion under rule 351 of the Federal Court Rules, 1998, for leave to file new evidence, namely the supplementary affidavit of Michel Frappier. Exhibit MF-1 to that affidavit is a decision by the NPB dated May 27, 2003, prohibiting the appellant's release until August 15, 2004, the date of the legal expiration of his sentence.
[4] Relying on the decision of this Court in Glaxo Wellcome PLC v. Minister of National Revenue, Docket A-908-97, March 13, 1998, the respondents submit that the criteria for admitting new evidence have been met: the new evidence they seek to introduce was not discoverable before the end of the hearing appealed from, is credible and is practically conclusive of an issue on the appeal.
[5] There is no doubt that the three criteria have been met. The NPB's decision of May 27, 2003, was made 12 months after Beaudry J.'s judgment and more than 24 months after the NPB's decision revoking the appellant's statutory release. Given that we are dealing with an order made by the NPB, credibility is not an issue.
[6] With regard to the third criterion, the respondents submit that the new evidence renders the appeal moot because the appellant cannot be released before August 15, 2004, in the absence of a decision setting aside the order of May 27, 2003. In any event, according to the respondents, the NPB's decision of March 15, 2001 is without effect since May 30, 2003, the date of the appellant's statutory release. His detention is only possible because of the decision of May 27, 2003.
[7] In my view, the respondents' submission has merit because regardless of the decision we might make on his appeal, the appellant could only be released before August 15, 2004, if the decision of May 27, 2003, were set aside.
[8] Accordingly, since the criteria for admitting new evidence have been met, the evidence will be admitted as new evidence before this Court.
[9] In light of the NPB's decision of May 27, 2003, the appeal has now become moot and that is sufficient to dispose of the appeal. Notwithstanding that conclusion, after hearing the parties' submissions on the merits of Beaudry J.'s decision, I am of the view that he made no error, either in fact or in law, that would justify our intervention.
[10] The appeal should therefore be dismissed without costs.
J.A.
"I concur.
Alice Desjardins J.A."
"I concur.
J.D. Denis Pelletier J.A."
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
APPEAL DIVISION
SOLICITORS OF RECORD
DOCKET: A-368-02
STYLE OF CAUSE: JEAN-YVES MIGNEAULT v. M. CHARBONNEAU et al.
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 17, 2003
REASONS FOR JUDGMENT BY: NADON J.A.
DATED: June 27, 2003
CONCURRED IN BY: DESJARDINS J.A.
PELLETIER J.A.
APPEARANCES:
JEAN-YVES MIGNEAULT REPRESENTING HIMSELF
DOMINIQUE GUIMOND FOR THE RESPONDENTS
MICHÈLE LAVERGNE
SOLICITORS OF RECORD:
JEAN-YVES MIGNEAULT REPRESENTING HIMSELF
MORRIS ROSENBERG FOR THE RESPONDENTS
DEPUTY ATTORNEY GENERAL OF CANADA
Date: 20030627
Docket: A-368-02
Ottawa, Ontario, June 27, 2003
CORAM: DESJARDINS J.A.
NADON J.A.
PELLETIER J.A.
BETWEEN:
JEAN-YVES MIGNEAULT
Appellant
and
M. CHARBONNEAU
C. KENNEDY
NATIONAL PAROLE BOARD
Respondents
JUDGMENT
The appeal is dismissed without costs.
"Alice Desjardins"
J.A.
Certified true translation
Mary Jo Egan, LLB