BETWEEN:
and
Dealt with in writing without appearance of parties.
Order delivered at Ottawa, Ontario, on October 23, 2008.
REASONS FOR ORDER BY: PELLETIER J.A.
Docket: A-429-08
Citation: 2008 FCA 322
Present: PELLETIER J.A.
BETWEEN:
BRYAN RALSTON LATHAM
Appellant
and
HER MAJESTY THE QUEEN
Respondent
REASONS FOR ORDER
[1] Mr. Latham, an inmate of the Saskatchewan Penitentiary in Prince Albert, Saskatchewan, brings two motions in connection with his appeal from a decision of Madam Justice Tremblay-Lamer. The first motion seeks an order directing the Administrator to prepare the appeal book. The second motion seeks an order setting the contents of the appeal book. These reasons will deal with both motions.
[2] I will deal with the second motion first since it logically precedes the first. The dispute between Mr. Latham and counsel for the Attorney General is whether certain submissions made by Mr. Latham in the course of the proceedings should be included in the appeal book. The contents of the appeal book are fixed by Rule 344 of the Federal Courts Rules. In his second motion record, Mr. Latham includes his exchange of correspondence with counsel for the Attorney General. The agreement as to the contents of the appeal book, which is attached to counsel's letter dated September 10, 2008, complies with Rule 344. Consequently, the contents of the appeal book will be as described in that document.
[3] I agree that Mr. Latham is not in a position to prepare the appeal book. There will be an order directing the Administrator to prepare the appeal book in accordance with the proposed agreement as to the contents of the appeal book, as adopted by this Court.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-429-08
STYLE OF CAUSE: Bryan Ralston Latham v.
Her Majesty the Queen
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: PELLETIER J.A.
WRITTEN REPRESENTATIONS BY:
FOR THE APPELLANT On his own behalf
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FOR THE RESPONDENT
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SOLICITORS OF RECORD:
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Deputy Attorney General of Canada |
FOR THE RESPONDENT
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