Desrosiers v. Canada (Attorney General)
Court headnote
Desrosiers v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2003-04-17 Neutral citation 2003 FCT 458 File numbers T-345-02 Decision Content Date: 20030417 Docket: T-345-02 Citation: 2003 FCT 458 Montréal, Quebec, April 17, 2003 Present: Madam Justice Tremblay-Lamer BETWEEN: ÉRIC DESROSIERS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Chairperson of the Disciplinary Court (the "Chairperson") in which he found the applicant guilty of the disciplinary offence set forth in paragraph 40(l) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 (the "Act"). [2] The applicant is currently an inmate in La Macaza Institution. [3] On October 27, 2001, the applicant was selected at random to provide a urine sample. The applicant had to provide 40 millilitres of urine. However, despite a wait of two hours, he provided only 20 millilitres. [4] At the conclusion of the hearing of this case, the Chairperson found the applicant guilty of the offence with which he was charged. The applicant argues that the Chairperson erred in law in rejecting his due diligence defence. [5] In Hendrickson v. Kent Institution, [1990] F.C.J. No. 19 (QL), Mr. Justice Denault notes that the Federal Court's intervention in reviewing a decision of a disciplinary court of a disciplinary institution is limited to considering whether there has been a breach of the duty to act…
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Desrosiers v. Canada (Attorney General) Court (s) Database Federal Court Decisions Date 2003-04-17 Neutral citation 2003 FCT 458 File numbers T-345-02 Decision Content Date: 20030417 Docket: T-345-02 Citation: 2003 FCT 458 Montréal, Quebec, April 17, 2003 Present: Madam Justice Tremblay-Lamer BETWEEN: ÉRIC DESROSIERS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER AND ORDER [1] This is an application for judicial review of a decision of the Chairperson of the Disciplinary Court (the "Chairperson") in which he found the applicant guilty of the disciplinary offence set forth in paragraph 40(l) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 (the "Act"). [2] The applicant is currently an inmate in La Macaza Institution. [3] On October 27, 2001, the applicant was selected at random to provide a urine sample. The applicant had to provide 40 millilitres of urine. However, despite a wait of two hours, he provided only 20 millilitres. [4] At the conclusion of the hearing of this case, the Chairperson found the applicant guilty of the offence with which he was charged. The applicant argues that the Chairperson erred in law in rejecting his due diligence defence. [5] In Hendrickson v. Kent Institution, [1990] F.C.J. No. 19 (QL), Mr. Justice Denault notes that the Federal Court's intervention in reviewing a decision of a disciplinary court of a disciplinary institution is limited to considering whether there has been a breach of the duty to act fairly. He notes that relief shall be granted only in cases of "serious injustices". [6] Nothing warrants the intervention of the Court in this case. The Chairperson heard the applicant's version. Contrary to the applicant's submissions, he did not ignore his defence of due diligence. He considered all the matters in the file and concluded that the applicant was guilty of the offence. It is not appropriate for this Court to substitute its opinion for that of the Chairperson in the assessment of the evidence on the record. The Court is of the opinion that there was no serious injustice in this case. [7] For these reasons, the application for judicial review is dismissed. ORDER THE COURT ORDERS that the application for judicial review be dismissed. "Danièle Tremblay-Lamer" J.F.C.C. Certified true translation Suzanne Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20030417 Docket: T-345-02 Between: ÉRIC DESROSIERS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION SOLICITORS OF RECORD DOCKET: T-345-02 STYLE: ÉRIC DESROSIERS Applicant and THE ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 17, 2003 REASONS FOR ORDER AND ORDER: THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER DATED: April 17, 2003 APPEARANCES: Daniel Royer FOR THE APPLICANT Sébastien Gagné FOR THE RESPONDENT SOLICITORS OF RECORD: Labelle, Boudrault, Côté et associés FOR THE APPLICANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec
Source: decisions.fct-cf.gc.ca