Date: 20000216
Docket: A-71-97
MONTRÉAL, QUEBEC, THE 16TH DAY OF FEBRUARY, 2000
CORAM: THE CHIEF JUSTICE
LÉTOURNEAU
NOËL, JJ.A.
BETWEEN:
JOHNNY FORTIN
Appellant
- and -
MICHEL GILBERT
Respondent
J U D G M E N T
The appeal is dismissed without costs.
| J. Richard |
| C.J. |
Certified true translation
Martine Brunet, LL.B.
Date: 20000216
Docket: A-71-97
Coram: THE CHIEF JUSTICE
LÉTOURNEAU
NOËL, JJ.A.
Between:
JOHNNY FORTIN
Appellant
AND
MICHEL GILBERT
Respondent
Hearing held in Montréal, Quebec, Wednesday, February 16, 2000
Judgment pronounced at the hearing in Montréal, Quebec, Wednesday, February 16, 2000
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20000216
Docket: A-71-97
Coram: THE CHIEF JUSTICE
LÉTOURNEAU
NOËL, JJ.A.
Between:
JOHNNY FORTIN
Appellant
AND
MICHEL GILBERT
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Pronounced at the hearing in Montréal, Quebec
Wednesday, February 16, 2000)
LÉTOURNEAU J.A.
[1] We are of the opinion that the appeal should be dismissed without costs. The application for judicial review denied by the motions judge, which is the subject matter of this appeal, was intended to challenge the lawfulness of a decision of the prison administration refusing the appellant"s application to transfer from a maximum security institution to a medium security institution.
[2] This application is now moot, since the appellant is presently on mandatory supervision and is no longer in detention.
[3] Have 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.
[5] The appeal will be dismissed.
| Gilles Létourneau |
| J.A. |
Certified true translation
Martine Brunet, LL.B.
| FEDERAL COURT OF CANADA |
| APPEAL DIVISION |
| Date: 20000216 |
| Docket: A-71-97 |
| Between: |
| JOHNNY FORTIN |
| Appellant |
| AND |
| MICHEL GILBERT |
| Respondent |
| REASONS FOR JUDGMENT |
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| DOCKET NO: A-71-97 |
| STYLE: JOHNNY FORTIN |
Appellant
AND
MICHEL GILBERT
Respondent
| PLACE OF HEARING: Montréal, Quebec |
| DATE OF HEARING: February 16, 2000 |
REASONS FOR JUDGMENT OF LÉTOURNEAU J.A.
DATED: February 16, 2000
APPEARANCES:
Renée Millette for the Appellant
Martin Lamontagne for the Respondent
SOLICITORS OF RECORD:
Renée Millette for the Appellant
Montréal, Quebec
Morris Rosenberg for the Respondent
Deputy Attorney General of Canada
Ottawa, Ontario