Date: 20101013
Docket: A-67-10
Citation:
2010 FCA 268
CORAM: NADON
J.A.
TRUDEL
J.A.
MAINVILLE
J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
STEVE OUELLET
Respondent
Hearing held at Montréal, Quebec, on October 13, 2010.
Judgment delivered from the
Bench at Montréal, Quebec, on October 13, 2010.
REASONS FOR JUDGMENT
OF THE COURT BY: TRUDEL J.A.
Date: 20101013
Docket: A-67-10
Citation:
2010 FCA 268
CORAM: NADON J.A.
TRUDEL J.A.
MAINVILLE J.A.
BETWEEN:
THE ATTORNEY GENERAL OF CANADA
Applicant
and
STEVE OUELLET
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on October 13, 2010)
TRUDEL J.A.
[1]
We are of the view that the application for
judicial review of the decision of the Canada Agricultural Review Tribunal
(RTA60361) should be allowed.
[2]
It is clear from the Tribunal’s decision that
the alleged event occurred in the course of transport, thus resulting in the
violation.
[3]
Consequently, the Tribunal’s decision will be
set aside, and the matter will be remitted back to the Tribunal for (a) redetermination
on the basis that the respondent Steve Ouellet committed the violation under
subsection 141(1) of the Health of Animals Regulations, C.R.C., c. 296;
and (b) assessment of the appropriate penalty in this case.
“Johanne Trudel”
Certified true
translation
Michael Palles
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET: A-67-10
STYLE OF CAUSE: AGC
v. STEVE OUELLET
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: October 13, 2010
REASONS FOR JUDGMENT OF THE COURT BY: NADON J.A.
TRUDEL J.A.
MAINVILLE
J.A.
DELIVERED FROM THE BENCH BY: TRUDEL J.A.
APPEARENCES:
|
Pascale-Catherine
Guay
|
FOR THE APPLICANT
|
|
Steve
Ouellet
(On his own behalf)
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Myles J. Kirvan
Deputy Attorney General of Canada
|
FOR THE
APPLICANT
|
|
|
|
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