Federal Court of Appeal Decisions

     A-372-97

CORAM:      HUGESSEN J.A.

STONE J.A.

McDONALD J.A.

BETWEEN:

     RICHARD SAUVÉ

     Respondent

     (Plaintiff)

     - and -

     THE CHIEF ELECTORAL OFFICER OF CANADA

     THE SOLICITOR GENERAL OF CANADA

     THE ATTORNEY GENERAL OF CANADA

     Appellants

     (Defendants)

     - and -

BETWEEN:

     SHELDON McCORRISTER, Chairman

     LLOYD KNEZACK, Vice Chairman

     on their own behalf and on behalf of the Stoney

     Mountain Institution Inmate Welfare Committee,

     and CLAIR WOODHOUSE, Chairman, AARON

     SPENCE, Vice Chairman, on their own behalf

     and on behalf of the Native Brotherhood Organization

     of Stony Mountain Institution, and SERGE

     BELANGER, EMILE A. BEAR and RANDY OPPONECHAW

     Respondents

     (Plaintiffs)

     - and -

     THE ATTORNEY GENERAL OF CANADA

     Appellant

     (Defendant)

    

     Heard at Ottawa, Ontario, Wednesday, May 21, 1997

     Judgment rendered from the Bench, May 21, 1997

REASONS FOR JUDGMENT OF THE COURT

DELIVERED BY:      McDONALD J.A.

     A-372-97

CORAM:      HUGESSEN J.A.

STONE J.A.

McDONALD J.A.

BETWEEN:

     RICHARD SAUVÉ

     Respondent

     (Plaintiff)

     - and -

     THE CHIEF ELECTORAL OFFICER OF CANADA

     THE SOLICITOR GENERAL OF CANADA

     THE ATTORNEY GENERAL OF CANADA

     Appellants

     (Defendants)

     - and -

BETWEEN:

     SHELDON McCORRISTER, Chairman

     LLOYD KNEZACK, Vice Chairman

     on their own behalf and on behalf of the Stoney

     Mountain Institution Inmate Welfare Committee,

     and CLAIR WOODHOUSE, Chairman, AARON

     SPENCE, Vice Chairman, on their own behalf

     and on behalf of the Native Brotherhood Organization

     of Stony Mountain Institution, and SERGE

     BELANGER, EMILE A. BEAR and RANDY OPPONECHAW

     Respondents

     (Plaintiffs)

     - and -

     THE ATTORNEY GENERAL OF CANADA

     Appellant

     (Defendant)

    

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered from the Bench at Ottawa, Ontario

     on Wednesday, May 21, 1997)

McDonald J.A.

     Having heard the able arguments of counsel, we remain unconvinced that the motions judge made any reviewable error. The granting of a stay of judgment is a discretionary matter for the motions judge. As was held by this Court in Queen v. Canderel, [1994] 1 FC 3 at 9, in the absence of an error of law, this Court cannot interfere with a discretionary order of a judge.

     The motions judge correctly turned his mind to the tripartite test set out by the Supreme Court of Canada in RJR MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311. He found that the Crown failed on both the second and third branches of that test. We have not been persuaded that the motions judge erred in applying the test. Even if this Court's overall decision may have been different, it is not open to an appellate court to interfere where the motions judge, in exercising his discretion, made no error in law.

     The appeal is dismissed with costs.

"F.J. McDonald"

J.A.

     FEDERAL COURT OF APPEAL

     A-372-97

CORAM:      HUGESSEN J.A.

STONE J.A.

McDONALD J.A.

BETWEEN:

     RICHARD SAUVÉ

     Respondent

     (Plaintiff)

     - and -

     THE CHIEF ELECTORAL OFFICER OF CANADA

     THE SOLICITOR GENERAL OF CANADA

     THE ATTORNEY GENERAL OF CANADA

     Appellants

     (Defendants)

     - and -

BETWEEN:

     SHELDON McCORRISTER, Chairman

     LLOYD KNEZACK, Vice Chairman

     on their own behalf and on behalf of the Stoney

     Mountain Institution Inmate Welfare Committee,

     and CLAIR WOODHOUSE, Chairman, AARON

     SPENCE, Vice Chairman, on their own behalf

     and on behalf of the Native Brotherhood Organization of Stony Mountain Institution,

     and SERGE BELANGER, EMILE A. BEAR and

     RANDY OPPONECHAW

     Respondents

     (Plaintiffs)

     - and -

     THE ATTORNEY GENERAL OF CANADA

     Appellant

     (Defendant)

REASONS FOR JUDGMENT OF THE COURT