Date: 20010418
Docket: T-1597-00
Neutral Citation: 2001 FCT 350
BETWEEN:
LLOYD GRANT WEDOW
Applicant
- and -
CORRECTIONAL SERVICE OF CANADA,
BOWDEN INSTITUTION,
THE SOLICITOR GENERAL OF CANADA,
THE ATTORNEY GENERAL OF CANADA,
MITCH KASSEN, MARCEL CHIASSON and RICHARD TOBIN
Respondent(s)
REASONS FOR ORDER AND ORDER
TEITELBAUM, J.
[1] On or about August 24, 2000, the Applicant filed an Application for Judicial Review pursuant to Section 18.1 of the Federal Court Act.
[2] The hearing for the Judicial Review Application is scheduled for September 26, 2001 at 9:30 in the forenoon at 635 - 8th Ave. S.W., 3rd Floor, in the City of Calgary, Alberta.
[3] The Applicant is currently incarcerated in Bowden Institution and desires to be present for his hearing.
[4] Pursuant to Rule 45, the Court, on motion, may make an Order in Form 45 requiring that any person who is in custody of a prison or penitentiary be brought before the Court.
[5] The Applicant has filed a motion pursuant to Rule 45 in order to be present at the Federal Court on 635 - 8th Avenue S.W. Calgary to personally present his case.
[6] As grounds for his application, the Applicant states that he has personal knowledge of the matters and facts of his case, that he has prepared all the documents and that it is in the "interest of justice" that his "presence is necessary to adequately present the case and answer any queries by the Justice presiding over the hearing of this matter". (See Affidavit in Support).
[7] I have read the Applicants' Section 18.1 application.
[8] The decision to be reviewed, if I understand the Applicant's Sec. 18.1 application "deals with a decision to deny full disclosure, disobeying a statute and disobeying order of Court effected by Warden Mitch Kassen of Bowden Institution on behalf of Correctional Service Canada".
[9] A person is entitled to physically attend his or her hearing. A person is also entitled to represent himself. A person who is incarcerated in a prison or penitentiary does not have the same privilege to physically attend the hearing unless he obtains the Court permission. This permission, to physically bring an incarcerated person to the place of hearing requires the service of prison guards and special transportation.
[10] I have not been told why the Applicant has been incarcerated.
[11] I am satisfied that the Applicant can adequately represent himself if the Application for Judicial Review is heard by a Judge of the Federal Court of Canada - Trial Division by means of a Telephone Conference Call.
[12] It is therefore Ordered that the hearing of the Application for Judicial Review be heard by means of a Telephone Conference Call at a time and date as determined by the Office of the Associate Chief Justice.
[13] The Applicant is to be provided, by the authorities of Bowden Institution, with the facilities required so as to enable the Applicant to present his submissions at the time of hearing and in privacy if he so requests.
"Max M. Teitelbaum"
J.F.C.C.
Calgary, Alberta
April 18, 2001
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010418
Docket: T-1597-00
BETWEEN:
LLOYD GRANT WEDOW
Applicant
- and -
CORRECTIONAL SERVICE OF CANADA,
BOWDEN INSTITUTION,
THE SOLICITOR GENERAL OF CANADA,
THE ATTORNEY GENERAL OF CANADA,
MITCH KASSEN, MARCEL CHIASSON
and RICHARD TOBIN
Respondent(s)
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1597-00
STYLE OF CAUSE: LLOYD GRANT WEDOW
v.
CORRECTIONAL SERVICE OF CANADA,
BOWDEN INSTITUTION,
THE SOLICITOR GENERAL OF CANADA,
THE ATTORNEY GENERAL OF CANADA,
MITCH KASSEN, MARCEL CHIASSON
and RICHARD TOBIN
MOTION DEALT WITH IN WRITING PURSUANT
TO RULE 369
REASONS FOR ORDER AND ORDER OF TEITELBAUM, J.
DATED: April 18, 2001
WRITTEN SUBMISSIONS BY:
Mr. Lloyd Grant Wedow FOR APPLICANT
Mr. Ken Manning FOR RESPONDENT(S)
SOLICITORS OF RECORD:
Mr. Lloyd Grant Wedow
INNISFAIL, Alberta FOR APPLICANT
Morris A. Rosenberg
Deputy Attorney General of Canada
OTTAWA, Ontario FOR RESPONDENT(S)
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