Date: 19980327
Docket: A-671-97
CORAM: PRATTE, J.A.
DÉCARY, J.A.
LINDEN, J.A.
BETWEEN:
GORDON ALCORN, of William Head Institution,
DARRELL BATES, of Kent Institution,
DANNY BOLAN, of Elbow Lake Institution,
JON BROWN, of Matsqui Institution,
SHAWN BUTTLE, of Regional Health Centre,
GARY FITZGERALD, of Ferndale Institution,
ANGUS MacKENZIE, of Mountain Institution, and
FABIAN PICCO, of Mission Institution
Appellants (Applicants)
- and -
THE COMMISSIONER OF CORRECTIONS and
THE DEPUTY COMMISSIONER OF CORRECTIONS,
PACIFIC REGION, CORRECTIONAL SERVICE
OF CANADA
Respondents (Respondents)
Heard at Vancouver, British Columbia on March 27, 1998
Judgment delivered at Vancouver, British Columbia on March 27, 1998
REASONS FOR JUDGMENT BY: PRATTE, J.A.
Date: 19980327
Docket: A-671-97
CORAM: PRATTE, J.A.
DÉCARY, J.A.
LINDEN, J.A.
BETWEEN:
GORDON ALCORN, of William Head Institution,
DARRELL BATES, of Kent Institution,
DANNY BOLAN, of Elbow Lake Institution,
JON BROWN, of Matsqui Institution,
SHAWN BUTTLE, of Regional Health Centre,
GARY FITZGERALD, of Ferndale Institution,
ANGUS MacKENZIE, of Mountain Institution, and
FABIAN PICCO, of Mission Institution
Appellants (Applicants)
- and -
THE COMMISSIONER OF CORRECTIONS and
THE DEPUTY COMMISSIONER OF CORRECTIONS,
PACIFIC REGION, CORRECTIONAL SERVICE
OF CANADA
Respondents (Respondents)
REASONS FOR JUDGMENT
PRATTE, J.A.
[1] While the judge of first instance may have erred in asserting that the harm alleged by the respondents is speculative, we are all of opinion that he made no error in concluding that the balance of convenience test does not favour them. For that reason, we cannot say that he didn't make a sound exercise of his discretion in deciding as he did.
[2] The appeal will therefore be dismissed.
(Sgd.) "Louis Pratte"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DATED: March 27, 1998
COURT NO.: A-671-97
STYLE OF CAUSE: Gordon Alcorn, of William Head Institution et al.
v.
The Commissioner of Corrections et al.
PLACE OF HEARING: Vancouver, BC
DATE OF HEARING: March 27, 1998
REASONS FOR JUDGMENT OF THE COURT BY: PRATTE, J.A.
CONCURRED IN BY: DÉCARY, J.A.
LINDEN, J.A.
APPEARANCES:
Ms. Sasha Pawliuk for Appellants
Ms. Donnaree Nygard for Respondents
SOLICITORS OF RECORD:
Sasha Pawliuk,
Barrister & Solicitor
Abbotsford, BC for Appellants
George Thomson for Respondents
Deputy Attorney General
of Canada
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