Date: 20010119
Docket: T-34-01
Ottawa, Ontario, the 19th day of January, 2001
Present: The Honourable Mr. Justice Pinard
Between:
YVES PLAMONDON,
Applicant
- and -
ATTORNEY GENERAL OF CANADA,
Respondent
Motion by applicant for an interlocutory injunction
to prevent his involuntary transfer from Donnacona
maximum security penitentiary to the Atlantic
Institution in Renous, New Brunswick.
ORDER
The motion is dismissed, without costs.
J.
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
Date: 20010119
Docket: T-34-01
Between:
YVES PLAMONDON,
Applicant
- and -
ATTORNEY GENERAL OF CANADA,
Respondent
REASONS FOR ORDER
PINARD J.:
[1] Through his motion the applicant wishes to obtain an interlocutory injunction to prevent his involuntary transfer from the Donnacona maximum security penitentiary, where he is now incarcerated, to the Atlantic Institution in Renous, New Brunswick.
[2] In the circumstances, I find the motion inadmissible, as no application for judicial review has yet been filed in this matter. For this Court to be able to take such an interim measure under section 18.2 of the Federal Court Act, R.S.C. 1985, c. F-7, it must first have before it an application for judicial review filed under sections 18 and 18.1 of that Act.
[3] Furthermore, evidence must be presented showing that the grievance settlement process available to the applicant was begun after the final inter-regional transfer decision.
[4] Consequently, the motion is dismissed. The applicant, of course, remains free to appeal again, if he considers it appropriate, provided the factual context allows this and the legal, regulatory and court-imposed requirements relevant to the filing of his motion for interim relief are satisfied. There is no order as to costs.
J.
OTTAWA, ONTARIO
January 19, 2001
Certified true translation
Suzanne M. Gauthier, LL.L., Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET NO: T-34-01
STYLE: Yves Plamondon v. Attorney General of Canada
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: January 15, 2001
REASONS FOR ORDER OF PINARD J.
DATED: January 19, 2001
APPEARANCES:
Daniel Rock
Jacques Normandeau for the Applicant
Sébastien Gagné for the Respondent
SOLICITORS OF RECORD:
Daniel Rock
Montréal, Quebec for the Applicant
Morris Rosenberg
Deputy Attorney General of Canada
Ottawa, Ontario for the Respondent