Rochon v. Canada (Justice), 2010 FCA 133

Date: 20100526

Docket: A-110-10

Citation: 2010 FCA 133

[ENGLISH TRANSLATION]

Present:          PELLETIER J.A.

BETWEEN:

LOUIS-PHILIPPE ROCHON

Appellant

and

THE MINISTER OF JUSTICE CANADA

and

THE CRIMINAL CONVICTION REVIEW GROUP

Respondents

Written motion decided without appearance of parties.

Order delivered at Ottawa, Ontario, on May 26, 2010.

REASONS FOR ORDER BY:                                                                                  PELLETIER J.A.

Date: 20100526

Docket: A-110-10

Citation: 2010 FCA 133

Present:          PELLETIER J.A.

BETWEEN:

LOUIS-PHILIPPE ROCHON

Appellant

and

THE MINISTER OF JUSTICE CANADA

and

 THE CRIMINAL CONVICTION REVIEW GROUP

Respondents

REASONS FOR ORDER

PELLETIER J.A.

[1]               This is a motion to determine the content of the appeal book. The decision under appeal is the decision of Beaudry J. of the Federal Court who dismissed Mr. Rochon’s motion for an extension of time to file an application for judicial review of the Minister of Justice’s decision, acting through the Criminal Conviction Review Group (the CCRG), dismissing his application for review of his criminal conviction.

[2]               The decision that Mr. Rochon wants to challenge through judicial review was made on April 14, 2008. The application for judicial review was only filed on October 21, 2009. Beaudry J. dismissed the motion for extension of time because Mr. Rochon did not give a reasonable explanation for his being late in filing his motion for extension.

[3]               Since the appeal is centered on Beaudry J.’s decision, the appeal book consists of the record that was before the trial judge. The material that Mr. Rochon wishes to add to the appeal book all deal with the merits of the Minister’s decision, which is not being challenged in this case.

[4]               The motion will be allowed, but without costs. The content of the appeal book will appear as specified in section 344, specifically:

a)          a table of contents;

b)          the order appealed from and the reasons for the decision;

c)          the motion for an extension of time;

d)          the sworn statements submitted to support the motion;

e)          a copy of the order;

f)            the certificate in Form 344 of the Federal Courts Rules, SOR/98-106.

“J.D. Denis Pelletier”

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                                              A-110-10

STYLE OF CAUSE:                                                             

                                                                                              LOUIS-PHILIPPE ROCHON

                                                                                              and

                                                                                              THE MINISTER OF JUSTICE                                                                                                   OF CANADA and THE                                                                                                                  CRIMINAL CONVICTION                                                                                                        REVIEW GROUP

WRITTEN MOTION DECIDED WITHOUT APPEARANCE OF PARTIES

REASONS FOR ORDER BY:                                             PELLETIER J.A.

DATED:                                                                                 MAY 26, 2010

WRITTEN REPRESENTATIONS BY:

SOLICITORS OF RECORD: