Federal Court of Appeal Decisions

Date: 20140410

Docket: A-241-13

Citation: 2014 FCA 96

Present:          NOËL J.A.

Dealt with in writing without appearance of parties.

Order delivered at Ottawa, Ontario, on April 10, 2014.

Date: 20140410

Docket: A-241-13

Citation: 2014 FCA 96

Present:          NOËL J.A.

REASONS FOR ORDER

NOËL J.A.

[1]               The appellant is presently incarcerated at Atlantic Institution, a maximum security facility in Renous, New Brunswick. He brings a motion pursuant to Rule 45 of the Federal Courts Rules for an order that he be brought before this Court for the hearing of his upcoming appeal.

[2]               When dealing with judicial proceedings involving a party who is incarcerated, it is common practise for this Court to hear both parties by way of video conference. The appellant objects to this practise in this case because he expects that he will be handcuffed during the video conference and therefore prevented from making an appropriate presentation. He adds that the presence of correctional services officers in the video conferencing facilities will prevent him from speaking freely.

[3]               In response, Counsel for the respondent has indicated that video conferencing facilities at Atlantic Institution include a room where the appellant can be privately secured. She has also undertaken on behalf of Correctional Service of Canada to insure that the appellant is not handcuffed or otherwise impeded during the course of his presentation.

[4]               In light of the above, I am satisfied that the appellant can adequately present his appeal by video conference.

[5]               The appellant’s motion pursuant to Rule 45 is accordingly dismissed.

“Marc Noël”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: