Belair v. Stony Mountain Institution, docket T-661-99

Date: 20000301

Docket: T-661-99

IN THE MATTER OF:                      the Constitution Act, 1867, s. 133

AND IN THE MATTER OF:            the Constitution Act, 1982, ss. 16 and 19

AND IN THE MATTER OF:            theOfficial Languages Act, R.S.C. 1985 (4th suppl.) ch. 31

AND IN THE MATTER OF:            the Corrections and Conditional Release Act and its related regulations

BETWEEN:

                                             STEVEN GERMAINE BELAIR

                                                                                                                              Applicant

                                                                  - and -

PRESIDENT OF THE DISCIPLINARY COURT FOR INMATES OF STONY MOUNTAIN INSTITUTION, and CORRECTIONAL SERVICE CANADA, and STONY MOUNTAIN INSTITUTION

                                                                                                                      Respondents

                                     REASONS FOR ORDER AND ORDER

BLAISJ.

[1]                The applicant filed a requisition for a hearing on August 17, 1999.

[2]                 Through a letter dated September 7, 1999, both parties to the proceedings jointly requested that the hearing date not be set until the Court renders a decision in file T-1413-98, for which the hearing was scheduled for February 14, 2000.

[3]                 The applicant filed written submissions for file number T-657-99 on December 17, 1999.

[4]                 These written submissions indicated that two other applications had been filed in the same Court against the same respondents, specifically file numbers T-657-99 and T-1413-98.

[5]                 A hearing date of February 14, 2000, was set for file numberT-1413-98 and the Honourable Justice Denis Pelletier issued an order dated February 15, 2000.

[6]                In accordance with the decision of the Honourable Justice Pelletier stating that the disciplinary court is not a court that carries out adjudicative functions within the meaning of the Official Languages Act, the application for judicial review was dismissed.

[7]                 According to the applicant's written submissions, the applicant and the respondents believe that the decision rendered at the hearing on February 14, 2000, also applies to file numbers T-657-99 and T-661-99.

[8]                CONSIDERING the decision of the Honourable Justice Pelletier of February 15, 2000;

[9]                 CONSIDERING that theapplicant and respondents agreed that the decision rendered for file number T-1413-98 would apply to this proceeding.

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

Pierre Blais                                                                                                     Judge

OTTAWA, ONTARIO

March 1, 2000

Certified true translation

Monica F. Chamberlain

                                             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. PRESIDENT OF THE DISCIPLINARY COURT FOR INMATES OF THE STONY MOUNTAIN INSTITUTION, CORRECTIONAL SERVICE CANADA, and STONY MOUNTAIN INSTITUTION

Order issued in writing without the appearance of the parties.

Reasons for Order and Order given by Blais J.

DATED:                                  March 1, 2000

WRITTEN SUBMISSIONS BY:

J.R. Norman Boudreau                                                  FOR THE APPLICANT

SOLICITORS OF RECORD:

Booth Dennehy Ernst & Kelsch                                                 FOR THE APPLICANT

Winnipeg, Manitoba

Morris Rosenberg

Deputy Attorney General of Canada                                          FOR THE RESPONDENT

Winnipeg, Manitoba