Chartrand v. Canada (Attorney General), docket T-1821-99

     Date: 20000531

     Docket: T-1821-99

Between:

     RÉAL CHARTRAND,

     Plaintiff,

     and

     ATTORNEY GENERAL OF CANADA,

     Defendant.

     REASONS FOR ORDER

TREMBLAY-LAMER J.

[1]      This is an application for judicial review of a decision on March 5, 1999 by the Quebec Regional Deputy Commissioner of the Correctional Service of Canada ("CSC"), in which he dismissed the second-level grievance filed by the plaintiff challenging his transfer from the Montée St-François Institution ("MSFI"), a minimum security institution, to the Archambault Institution, a medium security institution.

[2]      The plaintiff is no longer detained at the Archambault Institution, since he was transferred to the Ste-Anne-des-Plaines minimum security institution on October 4, 1999.¹ The application for judicial review has thus become moot, since there is no longer any issue between the parties.

[3]      Do the circumstances justify my exercising my discretionary authority despite the moot nature of this application for judicial review? I do not think so.

[4]      Since each decision to transfer an inmate from one institution to another depends on the facts, I consider that there is no question of the public interest or of national importance in determining the legality of this administrative decision.

[5]      Further, in view of the nature and scope of judicial review in this Court allowing the application would not, in my opinion, have any concrete effect on the plaintiff's rights.

[6]      I therefore consider that the circumstances do not justify my exercising my discretionary power despite the moot nature of this application for judicial review.

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[7]      The application for judicial review is accordingly dismissed.

                                 Danièle Tremblay-Lamer

                                     JUDGE

MONTREAL, QUEBEC

May 31, 2000

Certified true translation

Martine Brunet, LL. B.

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FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 20000531

Docket: T-1821-99

BETWEEN:

     RÉAL CHARTRAND,

     Plaintiff,

     AND

     ATTORNEY GENERAL OF CANADA,

     Defendant.

     REASONS FOR ORDER

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FEDERAL COURT OF CANADA

TRIAL DIVISION

NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT No.:                          T-1821-99

STYLE OF CAUSE:                      RÉAL CHARTRAND

Plaintiff,

AND

ATTORNEY GENERAL OF CANADA,

Defendant.

PLACE OF HEARING:                  Montréal, Quebec

DATE OF HEARING:                  May 30, 2000

REASONS FOR ORDER BY:              TREMBLAY-LAMER J.

DATED:                          May 31, 2000

APPEARANCES:

Daniel Royer                          for the plaintiff

Éric Lafrenière                      for the defendant

SOLICITORS OF RECORD:

Labelle, Boudrault, Côté & Associés              for the plaintiff

Montréal, Quebec

Morris Rosenberg                      for the defendant

Deputy Attorney General of Canada

Ottawa, Ontario

__________________

¹      Affidavit of Mario Lacombe, para. 13.