Lavoie v. Canada (Correctional Service), 2001 FCT 1033

                                                                                                                                            Date: 20010919

                                                                                                                                         Docket: T-711-01

                                                                                                            Neutral Citation: 2001 FCT 1033

Ottawa, Ontario, September 19, 2001

BEFORE: EDMOND P. BLANCHARD J.

BETWEEN:

                                                                 MICHEL LAVOIE

                                                                                                                                                          Plaintiff

                                                                              - and -

                                            CORRECTIONAL SERVICE OF CANADA

                                                                                                                                                      Defendant

                                               REASONS FOR ORDER AND ORDER

[1]                 The Court has before it a written motion by the plaintiff for exemption from filing the affidavits and documentary exhibits in support of his application for judicial review and allowing the book of documents titled "Appendix A" to be kept in support of the said application for judicial review.

[2]                 The plaintiff is currently an inmate at the Federal Training Centre ("FTC"), a penitentiary located in Laval, Quebec. On April 4, 2001 he was denied access to the escorted absence program for family reasons, a decision made by Ms. Bouthillier, the FTT Director. On April 26, 2001 the plaintiff filed an application for judicial review of that decision and served his motion record on the defendant on May 24, 2001.

[3]                 According to his written submissions, the plaintiff maintained that he filed the affidavits and documentation he intended to use in support of his application for judicial review. He asked that a book of documents titled "Appendix A", already filed in support of an application for an injunction in this Court, also be admitted and filed in support of his application for judicial review. The plaintiff argued that in view of the limited financial means at his disposal, it would be too burdensome to again reproduce the said documents for the judicial review.

[4]                 I find that the book of documents in question is essentially a collection of various documents, including inter alia reports, complaints, correctional plan, assessment and letters from the plaintiff. I also note that the affidavits included at tab 6 of the said appeal book are already before the Court through documents filed on May 25, 2001.

[5]                 The other documents in this book do not appear to be supported by any affidavit that would explain their relation to the judicial review.

[6]                 Pursuant to Rule 306 of the Federal Court Rules (1998), SOR/98-06, the plaintiff must serve and file his supporting affidavits and documentary exhibits within 30 days after a notice of application is issued.

[7]                 The plaintiff did not comply with Rule 306 and did not explain the delay regarding this book of documents. Further, the documentary exhibits were not introduced by affidavit.

[8]                 For these reasons, the motion will not be allowed.

                                                                            ORDER

THE COURT ORDERS that:

1.         The motion is dismissed.

Certified true translation

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

                                                    FEDERAL COURT OF CANADA

                                                                 TRIAL DIVISION

                              NAMES OF COUNSEL AND SOLICITORS OF RECORD

FILE:                                       T-711-01

STYLE OF CAUSE:              MICHEL LAVOIE v. CORRECTIONAL SERVICE OF CANADA

WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY PARTIES

REASONS FOR ORDER BY: BLANCHARD J.

DATED:                                    September 19, 2001

WRITTEN OBSERVATIONS BY:

Michel Lavoie                                                                     FOR HIMSELF

Éric Lafrenière                                                                  FOR THE DEFENDANT

SOLICITORS OF RECORD:

Michel Lavoie                                                                     FOR THE PLAINTIFF

Laval, Quebec

Morris Rosenberg                                                                           FOR THE DEFENDANT

Deputy Attorney General of Canada

Ottawa, Ontario