Stony Mountain Institution v. Howard, [1987] 2 SCR 687

Stony Mountain Institution v. Howard, [1987] 2 S.C.R. 687

The Attorney General of Canada                                                     Appellant

v.

Glen Howard    Respondent

indexed as: howard v. stony mountain institution inmate disciplinary court

File No.: 19327.

1987: December 9.

Present: Dickson C.J. and Beetz, Estey, McIntyre, Lamer, Wilson, Le Dain, La Forest and L'Heureux‑Dubé JJ.

on appeal from the federal court of appeal

                   Appeal ‑‑ Academic issue ‑‑ Appeal quashed.

                   APPEAL from a judgment of the Federal Court of Appeal, [1984] 2 F.C. 642, 19 D.L.R. (4th) 502, 19 C.C.C. (3d) 195, 17 C.R.R. 5, 45 C.R. (3d) 242, 57 N.R. 280, allowing respondent's appeal from a judgment of the Trial Division (1983), 4 D.L.R. (4th) 147, 8 C.C.C. (3d) 557, 8 C.R.R. 301, dismissing respondent's application for prohibition. Appeal quashed.

                   Duff Friesen, Q.C., and Brian Hay, for the appellant.

                   Brian A. Crane, Q.C., and A. Peltz, for the respondent.

                   The judgment of the Court was delivered orally by

1.                       The Chief Justice‑‑This appeal is moot by reason of three factors, two of which arose after leave to appeal was granted. The cumulative effect of these factors is such that the Court in its discretion quashes the appeal.

                   Judgment accordingly.

                   Solicitor for the appellant: Frank Iacobucci, Ottawa.

                   Solicitor for the respondent: Judy Elliott, Winnipeg.