Bonamy v. Canada (Correctional Service), docket T-894-97

Date: 19980121

Docket: T-894-97

BETWEEN:

     NICHOLAS Y. BONAMY

     Applicant

     - and -

     CORRECTIONAL SERVICE CANADA

     Respondent

Order delivered at Winnipeg, Manitoba, on January 21, 1998

REASONS FOR ORDER BY:      THE HONOURABLE MR. JUSTICE ROTHSTEIN

Date: 19980121

Docket: T-894-97

BETWEEN:

     NICHOLAS Y. BONAMY

     Applicant

     - and -

     CORRECTIONAL SERVICE CANADA

     Respondent

     REASONS FOR ORDER

ROTHSTEIN J.

[1]      On this application for an interim order under section 18.2 of the Federal Court Act, R.S.C. 1985, c. F-7, as amended, to transfer the applicant from Alberta correctional facilities to correctional facilities located in Victoria, B.C., the applicant has failed to demonstrate irreparable harm.

[2]      The documentation indicates that the applicant is currently temporarily detained at or near Victoria, apparently so he may attend scheduled court appearances. In any event, incarceration in Alberta as opposed to Victoria, while possibly inconvenient for the applicant, does not constitute irreparable harm. On the evidence before me I do not accept that the applicant's incarceration in Alberta was the cause for the breakdown of his common-law relationship. That is more likely attributable to his behaviour and conviction. While it may be inconvenient for the applicant to consult with counsel by telephone, on the evidence, I do not consider that he is unable to instruct and communicate with counsel.

[3]      Apart from any other consideration, the absence of irreparable harm is fatal to the application for an interim order. The application is denied. The matter should be dealt with by judicial review. The issue appears to be whether the respondent has an obligation to transfer the applicant, having regard to section 28 of the Corrections and Conditional Release Act, S.C. 1992 c. 20, and the evidence that was before the third level grievance tribunal.

     "Marshall Rothstein"

     Judge

Winnipeg, Manitoba

January 21, 1998

     FEDERAL COURT OF TRIAL

Date: 19980121

Docket: T-894-97

BETWEEN:

     NICHOLAS Y. BONAMY

     Applicant

     - and -

     CORRECTIONAL SERVICE CANADA

     Respondent

    

     REASONS FOR ORDER

    

---

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                  T-894-97

STYLE OF CAUSE:              NICHOLAS Y. BONAMY

v.

THE CORRECTIONAL SERVICE OF CANADA

MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES.

REASONS FOR ORDER

OF THE COURT:                   The Honourable Mr. Justice Rothstein

DATED:                      January 21, 1998

WRITTEN REPRESENTATIONS BY:

Nicholas Bonamy      on his own behalf

Donnaree Nygard      for the Respondent

Dept. of Justice

900 - 840 Howe St.

Vancouver, B.C.

SOLICITORS OF RECORD:

Nicholas Y. Bonamy

on his own behalf

Mr. George Thomson, Q.C.

Deputy Attorney General of Canada      for the Respondent