Docket: A57614
Citation: 2016 FCA 43
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CORAM:
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NOËL C.J.
SCOTT J.A.
DE MONTIGNY J.A.
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BETWEEN:
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MICHEAL SWIFT
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Appellant
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and
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THE ATTORNEY
GENERAL OF CANADA
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Respondent
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Heard
at Montréal, Quebec, on February 8, 2016.
Judgment delivered from the Bench at Montréal, Quebec, on
February 8, 2016.
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REASONS FOR JUDGMENT OF THE COURT BY:
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SCOTT
J.A.
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Docket: A57614
Citation: 2016 FCA 43
|
CORAM:
|
NOËL C.J.
SCOTT J.A.
DE MONTIGNY J.A.
|
|
BETWEEN:
|
|
MICHEAL SWIFT
|
|
Appellant
|
|
And
|
|
THE ATTORNEY
GENERAL OF CANADA
|
|
Respondent
|
REASONS FOR JUDGMENT OF
THE COURT
(Delivered from the Bench at Montréal,
Quebec, on February 8, 2016.)
SCOTT J.A.
[1]
Despite the detailed presentation by the appellant’s
counsel, to the effect that Madam Justice Bédard (the Judge) made several
errors when she dismissed his application for judicial review of a decision
rendered on February 26, 2014 by an independent chairperson elected under
the Corrections and Conditional Release Regulations, SOR/92620, we have
not been convinced.
[2]
The independent chairperson found the appellant
guilty of a serious offence when he triggered the emergency alarm in his cell
without a valid reason. We are not satisfied that our intervention is warranted
because the Judge correctly identified the applicable standards of review and
did not err in applying them when she concluded that the independent
chairperson conducted his investigation in a fair and reasonable manner.
[3]
Nor is our intervention warranted as to costs.
[4]
The appeal will, therefore, be dismissed with
costs.
«A.F. Scott»
Translation
FEDERAL COURT OF APPEAL
SOLICITORS
OF RECORD
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DOCKET:
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A57614
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STYLE OF CAUSE:
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MICHEAL SWIFT
v. THE ATTORNEY GENERAL OF CANADA
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PLACE OF HEARING:
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Montréal, Quebec
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DATE OF HEARING:
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February 8, 2016
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REASONS FOR JUDGMENT
BY:
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NOËL C.J.
SCOTT J.A.
DE MONTIGNY J.A.
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DELIVERED
FROM THE BENCH BY:
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SCOTT J.A.
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APPEARANCES:
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Hugues Surprenant
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For the
Appellant
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Dominique Guimond
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For the
Respondent
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SOLICITORS OF RECORD:
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Surprenant, Magloé, Golmier Avocats
Montréal, Quebec
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For the
Appellant
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William F. Pentney
Deputy Attorney General of Canada
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For the
Respondent
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