Federal Court Decisions

                                                                                                                                   Date: 20010119

                                                                                                                                  Docket: T-34-01

Ottawa, Ontario, the 19^th 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