Savard v. Canada (Attorney General), 2003 FCT 350

                                                                                                                                  Date: 20030326

                                                                                                                               Docket: T-300-02

Citation: 2003 FCT 350

Montréal, Quebec, March 26, 2003

Present:           Mr. Richard Morneau, Prothonotary

BETWEEN:

JEAN-GUY SAVARD

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR ORDER AND ORDER

[1]         Given the notice of status review issued on January 13, 2003;

[2]         Given the written observations submitted by the parties pursuant to this notice;

[3]         Given that the Court is satisfied, for the reasons expressed by counsel for the respondent, that the various orders issued in the past in this case and the necessary time elapsed mean that the applicant is now foreclosed from serving and filing any document needed to advance his application for judicial review;

[4]         Given as well that the remedy sought by the applicant on the merits has become moot;

[5]         Given, further, that written observations in reply to a notice of status review are not the appropriate vehicle for arguing multiple and various recriminations against conditions of detention and that, just in case, the Court is not persuaded in this case that the applicant is actually foreclosed from pursuing any recourse in this regard;

[6]         Given the preceding reasons, it is appropriate to order as follows:

ORDER

THE COURT ORDERS that, pursuant to paragraph 382(2)(a) of the Federal Court Rules, 1998, the application is dismissed.

This order is applicable mutatis mutandis to and will be placed in docket T-662-02.

"Richard Morneau"

Prothonotary

Certified true translation

Suzanne Gauthier, C. Tr., LL.L.

FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20030326

                                                       Docket: T-300-02

Between:

JEAN-GUY SAVARD

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

REASONS FOR ORDER

AND ORDER

FEDERAL COURT OF CANADA

TRIAL DIVISION

SOLICITORS OF RECORD

DOCKET:                                T-300-02

STYLE:                                    JEAN-GUY SAVARD

Applicant

and

THE ATTORNEY GENERAL OF CANADA

Respondent

WRITTEN MOTION EXAMINED IN MONTRÉAL WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY

DATED:                                  March 26, 2003

APPEARANCES:

Jean-Guy Savard                                                           for the applicant

Michelle Lavergne                                                         for the respondent

SOLICITORS OF RECORD:

Morris Rosenberg                                                          for the respondent

Deputy Attorney General of Canada