Date: 20050126
Docket: A-332-04
Citation: 2005 FCA 37
CORAM: DÉCARY J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
GLEN GREEN
Respondent
Heard at Vancouver, British Columbia on January 26, 2005.
Judgment delivered from the Bench at Vancouver, British Columbia on January 26, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A.
Date: 20050126
Docket: A-332-04
Citation: 2005 FCA 37
CORAM: DÉCARY J.A.
NADON J.A.
SEXTON J.A.
BETWEEN:
ATTORNEY GENERAL OF CANADA
Applicant
and
GLEN GREEN
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia on January 26, 2005)
DÉCARY J.A.
[1] This is yet another case dealing with the failure to properly record on tape the hearing before a Board of Referees. Relying on a decision rendered a few months earlier by an umpire in Valladolid (CUB 54497 A), the Umpire refused to send the matter back to the Board for a new hearing and simply set aside the Board's decision, "in the hope that in the future, Board of Referees will be more efficient and careful so as not to destroy the evidence thus violating a basic principle of natural justice".
[2] Valladolid, however, has since been reversed by this Court (Canada (Attorney General) v. Valadolid, 2004 FCA 142). Evans J.A. held that the Umpire had erred in law "by failing to consider whether, despite the absence of the tape, the written record before him was sufficient to enable him to fairly determine the appeal.".
[3] The application will be allowed, the decision of the Umpire will be set aside and the matter will be remitted to the Chief Umpire or his delegate to determine whether, in the absence of the tape recording, the record of what is available is sufficient to enable an umpire to fairly decide the appeal.
(Sgd.) "Robert Décary"
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-332-04
STYLE OF CAUSE: Her Majesty the Queen v. Glen Green
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: January 26, 2004
REASONS FOR JUDGMENT : (Décary, Nadon & Sexton JJ.A.)
RENDERED FROM THE BENCH BY: Décary, J.A.
DATED: January 26, 2004
APPEARANCES:
Ms. Mary-Ann Barker FOR THE APPLICANT
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Mr. John H. Sims, Q.C. FOR THE APPLICANT
Deputy Attorney General for Canada
FOR THE RESPONDENT
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