Bonamy v. Canada (Correctional Service), docket A-153-98

Date: 20000524

Docket: A-153-98

CORAM:      STRAYER J.A.

         ISAAC J.A.

         SHARLOW J.A.

BETWEEN:

     NICHOLAS Y. BONAMY

     Appellant

     - and -

     CORRECTIONAL SERVICE CANADA

     Respondent

     REASONS FOR JUDGMENT

     (Delivered from the Bench on May 24, 2000)

ISAAC J.A.

[1]      We are all of the view that this appeal from an order made by a Motions Judge in the Trial Division on 26 February 1998, cannot succeed.

[2]      In the Trial Division, the appellant sought judicial review of the decision of a Third Level Grievance Board ("the Board") appointed under the Corrections and Conditional Release Act¹, dated 27 April 1997. A Motions Judge in the Trial Division reviewed the decision of the Board and he concluded that the Board had taken into account those matters that it was required by law to consider, that it had placed no reliance on irrelevant considerations and had not acted in bad faith. As a result, he dismissed the application for judicial review.

[3]      In this Court, the appellant attacked the order of the Motions Judge on several grounds. However, he was unable to persuade us that any of them had merit such that we might wish to interfere. Accordingly, we will dismiss the appeal with costs.

     "Julius A. Isaac"

     J.A.

     FEDERAL COURT OF APPEAL

     NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                      A-153-98

            

STYLE OF CAUSE:              Nicholas Y. Bonamy v. Correctional Service Canada

PLACE OF HEARING:              Saskatoon, Saskatchewan

                                        

DATE OF HEARING:              May 24, 2000

                        

     REASONS FOR JUDGMENT OF

     THE HONOURABLE MR. JUSTICE ISAAC

    

     DELIVERED FROM THE BENCH ON MAY 24, 2000

APPEARANCES:

Nicholas Bonamy      on his own behalf

Bruce Gibson      for the Respondent

Department of Justice

Saskatchewan Regional Office

101 - 22nd Street East, 5th Floor

Saskatoon, SK S7K 0E1

SOLICITORS OF RECORD:

Nicholas Bonamy      on his own behalf

Saskatchewan Penitentiary

P.O. Box 160

Prince Albert, SK S6V 5R6

Morris Rosenberg     

Deputy Attorney General of Canada      for the Respondent

Date: 20000524

Docket: A-153-98

CORAM:      STRAYER J.A.

         ISAAC J.A.

         SHARLOW J.A.

BETWEEN:

     NICHOLAS Y. BONAMY

     Appellant

     - and -

     CORRECTIONAL SERVICE CANADA

     Respondent

                                

Heard at Saskatoon, Saskatchewan on May 24, 2000

JUDGMENT delivered from the Bench at Saskatoon, Saskatchewan on May 24, 2000

REASONS FOR JUDGMENT BY:      ISAAC J.A.

__________________

¹      S.C. 1992, c. 20, as amended.