Neutral citation: 2001 FCA 102
Coram: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
Between:
JEAN-GUY PONTBRIAND
Appellant
AND
ATTORNEY GENERAL OF CANADA
Respondent
Hearing held at Montréal, Quebec,
on Tuesday, April 3, 2001
Judgment delivered from the bench at
Montréal, Quebec, on Tuesday, April 3, 2001
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20010403
Docket: A-99-00
Neutral citation: 2001 FCA 102
CORAM: DESJARDINS J.A.
DÉCARY J.A.
BETWEEN: JEAN-GUY PONTBRIAND
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montréal, Quebec,
on Tuesday, April 3, 2001)
DÉCARY J.A.
[1] We are of the view that the appeal must be allowed.
2. After being served with the notice of status review, the appellant's only procedural requirement was to file the requisition for a hearing. However, the requisition for a hearing was filed late as a result of a lack of communication between counsel and the appellant, an inmate at the Donnacona Institution.
3. Since the trial judge did not provide reasons for his decision to dismiss the application for judicial review for delay, the Court finds itself in the same position as in Grenier v. Canada, [2001] F.C.J. No. 147 (QL) (FCA), and after reviewing the record, we find that the trial judge failed to take into account the special circumstances of this case.
4. We also note that the respondent did not defend the impugned order; respondent's counsel merely filed a letter notifying this Court that he would not produce any memorandum of argument, while at the same time suggesting that the Court abide by the trial judge's discretionary decision. We find this way of proceeding unacceptable. Either a party files its written submissions or that party informs the Court that it will not do so. If no memorandum of argument is produced, that party cannot be heard at the hearing.
5. The appeal will be allowed, the decision of the trial judge will be set aside and the proceeding will continue as a specially managed proceeding in accordance with Rule 382(2)(c). The appellant shall have his costs of the appeal.
Robert Décary
J.A.
Certified true translation
Sophie Debbané, LL.B.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010403
Docket: A-99-00
Between:
JEAN-GUY PONTBRIAND
Appellant
AND
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT
OF THE COURT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-99-00
STYLE OF CAUSE: JEAN-GUY PONTBRIAND
Appellant
AND
ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 3, 2001
REASONS FOR ORDER BYTHE HONOURABLE MR. JUSTICE DÉCARY
DATED: April 3, 2001
APPEARANCES:
Daniel Royer FOR THE APPELLANT
Sébastien Gagné FOR THE RESPONDENT
SOLICITORS OF RECORD:
Labelle, Boudrault, Côté et associés
Montréal, Quebec FOR THE APPELLANT
Morris Rosenberg
Attorney General of Canada
Ottawa, Ontario FOR THE RESPONDENT
Date: 20010403
Docket: A-99-00
MONTRÉAL, Quebec, Tuesday, April 3, 2001
CORAM: DESJARDINS J.A.
DÉCARY J.A.
NOËL J.A.
BETWEEN:
JEAN-GUY PONTBRIAND
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
JUDGMENT
The appeal is allowed, the decision of the trial judge is set aside, and the proceeding will continue as a specially managed proceeding in accordance with
Rule 382(2)(c). The appellant shall have his costs of the appeal.
Alice Desjardins
J.A.
Certified true translation
Sophie Debbané, LL.B.