Date: 20040129
Docket: A-37-04
Citation: 2004 FCA 45
Present: DÉCARY J.A.
BETWEEN:
DANNY JOY and DORIS GERVAIS
Appellants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
Heard by teleconference at Ottawa, Ontario, on January 29, 2004.
Order delivered at Ottawa, Ontario, on January 29, 2004.
REASONS FOR ORDER BY: DÉCARY J.A.
Date: 20040129
Docket: A-37-04
Citation: 2004 FCA 45
Present: DÉCARY J.A.
BETWEEN:
DANNY JOY and DORIS GERVAIS
Appellants
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
[1] This motion is for an order to stay, pending appeal to this Court, the order of a Federal Court Judge to deny a stay of a decision of the Institutional Head at Drummond Institution until such time as the application for judicial review of the above decision is disposed of by the Federal Court.
[2] For all practical purposes, therefore, the applicants are arguing through a stay application before a judge of this Court the very merit of their appeal which must be heard by three members of the Court.
[3] I fail to see what it is that could be stayed by the within order. Assuming, for the sake of discussion, that I were to stay the impugned order, the applicants would be left with a decision of the Institutional Head that is attacked in a judicial review proceeding and with respect to which no stay has been ordered. I cannot conceive how an order which requires nor permits anyone to do, or to refrain from doing, anything under its authority is capable of being stayed (see Janssen-Ortho Inc. v. Minister of Health and the Attorney General of Canada, 2003 FCA 201 (Pelletier J.A.)).
[4] The applicants had, and perhaps still have, an opportunity to seek a timely redress, through the filing of a grievance, a motion for an expedited hearing by the Federal Court of their application for judicial review or a motion for an expedited hearing by the Federal Court of Appeal of their appeal from the decision denying them a stay.
[5] The application for a stay will be dismissed.
"Robert Décary"
J.A
. FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-37-04
MOTION ON BEHALF OF THE APPELLANTS FOR A STAY OF A DECISION FROM THE INSTITUTIONAL HEAD AT DRUMMOND INSTITUTION MADE ON JANUARY 6, 2004
STYLE OF CAUSE: Danny Joy and Doris Gervais v. The Attorney General of Canada
PLACE OF HEARING: Ottawa
DATE OF HEARING: January 29, 2004
REASONS FOR JUDGMENT: Décary J.A.
DATED: January 29, 2004
APPEARANCES:
|
Ms. Diane Magas |
FOR THE APPELLANT |
|
Mr. Marc Rubero |
FOR THE RESPONDENT |
SOLICITORS OF RECORD:
|
Ottawa, Ontario |
FOR THE APPELLANT |
|
|
FOR THE RESPONDENT |