Belair v. Stony Mountain Penitentiary, docket T-657-99

Date: 20000301

Docket: T- 657-99

CONSIDERING:                   the Constitution Act, 1867, s. 133

AND CONSIDERING:           theConstitution Act, 1982, ss. 16 and 19

AND CONSIDERING:           the Official Languages Act, R.S.C., 1985

(4th Supp.) c. 31

AND CONSIDERING:           the Corrections and Conditional Release Act

and regulations made thereunder

BETWEEN:

STEVEN GERMAINE BELAIR

Applicant

- and -

CHAIRPERSON OF THE STONY MOUNTAIN PENITENTIARY INMATES' DISCIPLINARY COURT,

CORRECTIONAL SERVICE OF CANADA, and

STONY MOUNTAIN PENITENTIARY

Respondents

REASONS FOR ORDER AND ORDER

BLAIS J.:

[1]         The applicant received service of a notice of status review dated December 1, 1999, requiring him to show cause why this application should not be dismissed for delay.

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[2]         Counsel for the applicant filed his written representations on December 17, 1999.

[3]         Those written representations indicate that two other applications have been filed in this very Court in files T-1413-98 and T-661-99 against the same respondents.

[4]         A hearing was set in file T-1413-98 for February 14, 2000, and the Honourable Mr. Justice Pelletier made an order dated February 15, 2000.

[5]         Mr. Justice Pelletier held that the Disciplinary Court is not a court that carries out adjudicative functions within the meaning of the Official Languages Act, and accordingly dismissed the application for judicial review.

[6]         According to the applicant's written representations, the applicant and the respondents are of the opinion that the decision to be made on the hearing of February 14, 2000, also applies to cases T-657-99 and T-661-99.

[7]         CONSIDERING the Honourable Mr. Justice Pelletier's decision of February 15, 2000;

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[8]         CONSIDERING the consent of the applicant and respondents to the application of the decision in file T-1413-98 to this proceeding;

[9]         THE COURT ORDERS THAT this application for judicial review be dismissed.

       Pierre Blais                     

                                                                                           Judge

OTTAWA, ONTARIO

March 1, 2000

Certified true translation

Peter Douglas

FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT NO.:                                     T-661-99

T-657-99

STYLE OF CAUSE:             STEVEN GERMAINE BELAIR v. CHAIRPERSON OF THE STONY MOUNTAIN PENITENTIARY INMATES'DISCIPLINARY COURT, CORRECTIONAL SERVICE OF CANADA, and STONY MOUNTAIN PENITENTIARY

Order delivered in writing without appearance of the parties.

Reasons for Order and Order delivered by Blais J.

DATED:                                  March 1, 2000

WRITTEN REPRESENTATIONS BY:

J.R. Norman Boudreau                                                               FOR THE APPLICANT

SOLICITORS OF RECORD:

Booth Dennehy Ernst & Kelsch                                                 FOR THE APPLICANT

Winnipeg, Manitoba

Morris Morrisburg, Deputy Attorney

General of Canada                                                                FOR THE RESPONDENT

Winnipeg, Manitoba