Date: 19981113
Docket: T-1567-98
MONTREAL, QUEBEC, NOVEMBER 13, 1998
BEFORE: RICHARD MORNEAU, PROTHONOTARY
Between:
LOUIS DESROCHERS
Plaintiff,
AND
ATTORNEY GENERAL OF CANADA
Defendant
ORDER
If the plaintiff intends to rely on s. 317(1) of the Federal Court Rules (1998), he must within 20 days of this order strictly observe the provisions of s. 317(1) of the Rules regarding the tribunal. The plaintiff must accordingly send a list of documents or material relevant to his application to the tribunal.
The whole without costs.
Prothonotary
Certified true translation
Bernard Olivier
Date: 19981113
Docket: T-1567-98
Between:
LOUIS DESROCHERS
Plaintiff,
AND
ATTORNEY GENERAL OF CANADA
Defendant
REASONS FOR ORDER
RICHARD MORNEAU, PROTHONOTARY
[1] This case concerns an application by the plaintiff " who represented himself " pursuant to Rules 317(3) and (4) and 369 of the Federal Court Rules (1998) ("the Rules") to be sent in connection with his application for judicial review what the Court may regard at the conclusion of its analysis as all the correspondence that may have been exchanged between the Attorney General of Canada and the Solicitor General of Canada in relation to the grievance filed by the plaintiff following his dismissal from the Correctional Service of Canada.
[2] This request for documents appears to date to have been made to the defendant and not the tribunal whose order is the subject of the plaintiff"s application. The defendant has objected to this request for documents to date on this basis.
[3] On a purely procedural level, the defendant is right in considering that she does not have to be concerned with this application since the tribunal referred to in s. 317(1) of the Rules is the grievance adjudicator of the Public Service Staff Relations Board who ruled on the grievance filed by the plaintiff.
[4] The plaintiff should understand that under Rules 300 et seq., a distinction has to be made between a defendant to an application for judicial review and the tribunal whose decision is at issue. Section 317(1) of the Rules allows access to documents which the plaintiff may not already have and which may be in the possession of the tribunal and not of the Attorney General of Canada or the Solicitor General of Canada.
[5] Accordingly, by this application the Court cannot [TRANSLATION] "take steps to require the Attorney General of Canada to . . . forward everything: documents, information or otherwise, which she or her agent, Richard Turgeon, had with the Minister, Hon... Andy Scott, and/or persons in the department of the Solicitor General of Canada in . . . record".
[6] This application by the plaintiff must accordingly be dismissed.
[7] However, from the wording used by the plaintiff in his application for judicial review it cannot be immediately excluded that the latter was not also impleading the tribunal.
[8] The tribunal whose order is the subject of the plaintiff's application does not to date appear to have taken any position under Rule 318. This situation possibly results from the fact that the tribunal considered the plaintiff's request for documents as too vague and as directed essentially against the defendant and her client.
[9] Consequently, the federal tribunal may be required to act provided the plaintiff, within 20 days of the date of the order accompanying these reasons, can strictly observe the provisions of s. 317(1) of the Rules regarding the tribunal. The plaintiff must therefore submit a list of documents or material relevant to his application to the tribunal.
Prothonotary
MONTREAL, QUEBEC
November 13, 1998
Certified true translation
Bernard Olivier
| |
FEDERAL COURT OF CANADA
BETWEEN
Plaintiff
" and "
| ATTORNEY GENERAL OF CANADA |
Defendant
REASONS FOR ORDER
|
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
| STYLE OF CAUSE: LOUIS RESROCHERS |
Plaintiff
| ATTORNEY GENERAL OF CANADA, |
Defendant
WRITTEN APPLICATION HEARD AT MONTREAL WITHOUT APPEARANCE BY PARTIES
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
| DATE OF REASONS FOR ORDER: November 13, 1998 |
WRITTEN SUBMISSION BY:
| Louis Desrochers for the plaintiff |
| Richard Turgeon for the defendant |
SOLICITOR OF RECORD:
| Morris Rosenberg for the defendant |
Deputy Attorney General
of Canada
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