Date: 20000216
Docket: A-239-98
MONTRÉAL, QUÉBEC, THE 16TH DAY OF FEBRUARY, 2000
| CORAM: THE CHIEF JUSTICE |
| THE HONOURABLE MR. JUSTICE LÉTOURNEAU |
| THE HONOURABLE MR. JUSTICE NOËL |
BETWEEN:
ANDRÉ CARTIER
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
Respondent
J U D G M E N T
The appeal is allowed. The decision of the motions judge is quashed. The motion to extend the period for filing the originating motion on an application for judicial review of the decision of the Correctional Service of Canada dated January 19, 1998 is allowed.
| J. Richard |
| C.J. |
Certified true translation
Bernard Olivier
Date: 20000216
Docket: A-239-98
| CORAM: THE CHIEF JUSTICE |
| LÉTOURNEAU |
| NOËL, JJ.A. |
BETWEEN:
ANDRÉ CARTIER
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
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-239-98
| CORAM: THE CHIEF JUSTICE |
| LÉTOURNEAU |
| NOËL, JJ.A. |
BETWEEN:
ANDRÉ CARTIER
Appellant
- and -
THE ATTORNEY GENERAL OF CANADA
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 in the particular circumstances of this case that the appeal should be allowed. Twice within the 30-day period, the appellant, incarcerated in a maximum security penitentiary, attempted unsuccessfully to contact his lawyer, thereby demonstrating his intention to challenge the decision ordering his transfer to this institution. Given the difficulties of communication between the appellant and his counsel, the fact that the delay in filing the application for judicial review is only 11 days, that at the time the procedural rules requiring that an affidavit of the appellant be filed in support of the said application simultaneous with the filing of the application, that there is a serious question to be determined and that the impugned decision ordering the appellant"s transfer may still affect him adversely, there is cause to allow the application for an extension of the time in which to file an application for judicial review.
[2] For these reasons, the appeal will be allowed, the decision of the motions judge is quashed and the motion to extend the time for filing an application for judicial review of the decision of the Correctional Service of Canada rendered on January 19, 1998 is allowed.
| Gilles Létourneau |
| J.A. |
Certified true translation
Bernard Olivier
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20000216
Docket: A-239-98
Between:
ANDRÉ CARTIER
Appellant
AND
THE ATTORNEY GENERAL OF CANADA
Respondent
.
REASONS FOR JUDGMENT
| FEDERAL COURT OF CANADA |
| APPEAL DIVISION |
| NAMES OF COUNSEL AND SOLICITORS OF RECORD |
| FILE NO:A-239-98 |
| STYLE:ANDRÉ CARTIER |
| Appellant |
| AND |
| THE ATTORNEY GENERAL OF CANADA |
| Respondent |
| PLACE OF HEARING:Montréal, Quebec |
| DATE OF HEARING:February 16, 2000 |
| REASONS FOR JUDGMENT OF LÉTOURNEAU J.A. |
| DATED: February 16, 2000 |
| APPEARANCES: |
| Michel Aubin For the appellant |
| Jacques Mimar For the respondent |
| SOLICITORS OF RECORD: |
| Michel Aubin |
| Montréal, Quebec For the appellant |
| Morris Rosenberg |
| Deputy Attorney General of Canada |
| Ottawa, Ontario For the respondent |