Date: 20001110
Docket: T-1619-00
Ottawa, Ontario, NOVEMBER 10, 2000
BEFORE: NADON J.
BETWEEN: Daniel Jolivet
Plaintiff
AND:
THE ATTORNEY GENERAL OF CANADA
- and -
CORRECTIONAL SERVICE CANADA
Defendants
Motion by the plaintiff seeking an order for an interlocutory injunction directing the defendant CORRECTIONAL CENTRE OF CANADA to transfer the plaintiff forthwith from the Port Cartier Penitentiary to the Regional Reception Centre or the Macaza or Drummondville Penitentiaries, where the plaintiff was until August 2000, pending a decision in the instant case.
[Rules 364 and 373 et seq. of the Federal Court Rules (1998)]
ORDER AND REASONS
The motion is dismissed. The plaintiff did not persuade the Court that he would suffer irreparable harm if I did not grant his motion. The evidence in particular is the fact that since his arrival at Port Cartier the plaintiff has not asked the penitentiary authorities for protection against his alleged antagonists. The plaintiff could have asked to be placed in administrative segregation but did not do so, preferring to work in the laundry, which had the effect of putting him in contact with the general population. For these reasons, I cannot allow the plaintiff's motion.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT No.: T-1619-00
STYLE OF CAUSE: Daniel Jolivet v. Attorney General of Canada and Correctional Service Canada
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 30 and November 8, 2000
REASONS FOR ORDER AND ORDER BY: Nadon J.
DATED: November 10, 2000
APPEARANCES:
Geneviève Cantin FOR THE PLAINTIFF
Éric Lafrenière FOR THE DEFENDANT
SOLICITORS OF RECORD:
Martel, Cantin FOR THE PLAINTIFF
Montreal, Quebec
Morris Rosenberg FOR THE DEFENDANT
Deputy Attorney General of Canada
Ottawa, Ontario
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