Date: 20000301
Docket: T- 657-99
CONSIDERING: the Constitution Act, 1867, s. 133
AND CONSIDERING: theConstitution Act, 1982, ss. 16 and 19
AND CONSIDERING: the Official Languages Act, R.S.C., 1985
(4th Supp.) c. 31
AND CONSIDERING: the Corrections and Conditional Release Act
and regulations made thereunder
BETWEEN:
STEVEN GERMAINE BELAIR
Applicant
- and -
CHAIRPERSON OF THE STONY MOUNTAIN PENITENTIARY INMATES' DISCIPLINARY COURT,
CORRECTIONAL SERVICE OF CANADA, and
STONY MOUNTAIN PENITENTIARY
Respondents
REASONS FOR ORDER AND ORDER
BLAIS J.:
[1] The applicant received service of a notice of status review dated December 1, 1999, requiring him to show cause why this application should not be dismissed for delay.
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[2] Counsel for the applicant filed his written representations on December 17, 1999.
[3] Those written representations indicate that two other applications have been filed in this very Court in files T-1413-98 and T-661-99 against the same respondents.
[4] A hearing was set in file T-1413-98 for February 14, 2000, and the Honourable Mr. Justice Pelletier made an order dated February 15, 2000.
[5] Mr. Justice Pelletier held that the Disciplinary Court is not a court that carries out adjudicative functions within the meaning of the Official Languages Act, and accordingly dismissed the application for judicial review.
[6] According to the applicant's written representations, the applicant and the respondents are of the opinion that the decision to be made on the hearing of February 14, 2000, also applies to cases T-657-99 and T-661-99.
[7] CONSIDERING the Honourable Mr. Justice Pelletier's decision of February 15, 2000;
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[8] CONSIDERING the consent of the applicant and respondents to the application of the decision in file T-1413-98 to this proceeding;
[9] THE COURT ORDERS THAT this application for judicial review be dismissed.
Pierre Blais
Judge
OTTAWA, ONTARIO
March 1, 2000
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-661-99
T-657-99
STYLE OF CAUSE: STEVEN GERMAINE BELAIR v. CHAIRPERSON OF THE STONY MOUNTAIN PENITENTIARY INMATES'DISCIPLINARY COURT, CORRECTIONAL SERVICE OF CANADA, and STONY MOUNTAIN PENITENTIARY
Order delivered in writing without appearance of the parties.
Reasons for Order and Order delivered by Blais J.
DATED: March 1, 2000
WRITTEN REPRESENTATIONS BY:
J.R. Norman Boudreau FOR THE APPLICANT
SOLICITORS OF RECORD:
Booth Dennehy Ernst & Kelsch FOR THE APPLICANT
Winnipeg, Manitoba
Morris Morrisburg, Deputy Attorney
General of Canada FOR THE RESPONDENT
Winnipeg, Manitoba