Turcotte v. Canada (Correctional Service), 2003 FCT 343

Date: 20030325

Docket: T-4-03

Neutral Citation: 2003 FCT 343

Montréal, Quebec, March 25, 2003

Present:           Richard Morneau, Prothonotary

BETWEEN:

                                                          SYLVAIN TURCOTTE

                                                                                                                                            Applicant

                                                                           and

                                         CORRECTIONAL SERVICE OF CANADA

                                                                           and

                                                           GINETTE TROTTIER

                                                                                                                                      Respondents

                                            REASONS FOR ORDER AND ORDER

[1]                This is a motion by the applicant, who is representing himself, for an order:

            -           permitting him to serve and file an affidavit regarding a notice of constitutional question which he filed on March 4, 2003;

            -           permitting him, if necessary, to file a memorandum at least 65 pages long as part of the applicant's record;

            -           granting a 60-day extension of time for filing the applicant's record.

[2]                As discussed in court, the relief sought by the applicant is dismissed, because the Court is far from being satisfied that it is in the interests of the administration of justice to permit the filing of an affidavit in support of a notice of constitutional question, the relevance of which the Court has great difficulty in discerning.

[3]                In any event, as discussed in court, any notice of constitutional question must comply with the presentation requirements set out by Mr. Justice Rothstein in his decision dated June 9, 1995, in docket IMM-4063-94.

[4]                With respect to the length of the applicant's memorandum that must be filed as part of the record under rule 309, it is in the interests of the administration of justice and in the spirit of rule 3 that the memorandum not exceed the length already prescribed by the rules.

[5]                With respect to the extension of the period under rule 309, it is sufficient that the Court notes that the Attorney General of Canada has consented to the period prescribed by rule 309 being extended by one half of the period sought, in accordance with rule 7.

[6]                Lastly, only the Attorney General of Canada shall henceforth appear as defendant in the style of cause in this case.

Richard Morneau     

                                        Prothonotary

Certified true translation

Mary Jo Egan, LLB

                   FEDERAL COURT OF CANADA

                                TRIAL DIVISION

Date: 20030325

Docket: T-4-03

Between:

SYLVAIN TURCOTTE

                                                                              Applicant

and

CORRECTIONAL SERVICE OF CANADA

and

GINETTE TROTTIER

                                                                      Respondents

             REASONS FOR ORDER AND ORDER

                                                FEDERAL COURT OF CANADA

                                                               TRIAL DIVISION

                                                     SOLICITORS OF RECORD

DOCKET:

STYLE OF CAUSE:

T-4-03

SYLVAIN TURCOTTE

                                                                                            Applicant

and

CORRECTIONAL SERVICE OF CANADA

and

GINETTE TROTTIER

                                                                                     Respondents

PLACE OF HEARING:Montréal, Quebec

DATE OF HEARING: March 17, 2003

REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY

DATED:March 25, 2003

APPEARANCES:

SOLICITORS OF RECORD: