Date: 20050429
Docket: A-285-04
Citation: 2005 FCA 152
Present: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
JON BRESLAW
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
"Dealt with in writing without appearance of parties."
Order delivered at Ottawa, Ontario, on April 29, 2005.
REASONS FOR ORDER BY: PELLETIER J.A.
Date: 20050429
Docket: A-285-04
Citation: 2005 FCA 152
Present: THE HONOURABLE MR. JUSTICE PELLETIER
BETWEEN:
JON BRESLAW
Appellant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
PELLETIER J.A.
[1] This is a motion by the appellant to determine the "admissibility" of written reasons for judgment which are included in the Appeal Book. The issue arises because the Appeal Book also includes a transcript of the Trial Judge's oral reasons delivered at the conclusion of the trial. I presume from the fact of the motion that there is a difference between the two documents.
[2] The appellant frames the issue as one of admissibility but that is not the nature of the issue. Admissibility refers to evidence. The question raised by the appellant goes to the question of the record. In other words, are the reasons for the decision those spoken orally in open court, or are they an edited version of those words signed by the judge as constituting his reasons for judgment?
[3] The question is not a trivial one but it may have nothing whatever to do with the outcome of the appeal. An appeal is taken from a judge's decision, not from a judge's reasons. If the reasons are right, it is likely that the decision is correct. But the decision may be correct even if the judge's reasons are wrong. In other words, a judge may come to the right conclusion for the wrong reasons. As a result, the difference in the oral and written reasons may be irrelevant to the outcome of the appeal.
[4] For that reason, I will adjourn this motion to the commencement of the hearing of the appeal itself. Mr. Breslaw will have to persuade the Court that this issue needs to be decided in order to properly dispose of the appeal.
[5] As a result, the motion is adjourned to the commencement of the hearing of the appeal.
"J.D. Denis Pelletier"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-285-04
STYLE OF CAUSE: JON BRESLAW and THE ATTORNEY GENERAL OF CANADA
MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES
REASONS FOR ORDER BY: THE HONOURABLE MR. JUSTICE PELLETIER
DATED: April 29, 2005
WRITTEN REPRESENTATIONS BY:
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Mr. Jon Breslaw
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Appellant on his own behalf
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Ms. Susan Shaughnessy
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For the respondent
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SOLICITORS OF RECORD:
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John H. Sims, Q.C.
Deputy Attorney General of Canada
Ottawa, Ontario
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For the respondent
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