Kahnapace v. Canada (Attorney General)

Kahnapace v. Canada (Attorney General)
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-10-21
Neutral citation
2010 FCA 281
File numbers
A-524-09
Decision Content
Date: 20101021
Docket: A-524-09
Citation: 2010 FCA 281
CORAM: NOËL J.A.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
MARTHA KAHNAPACE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
Heard at Vancouver, British Columbia, on October 21, 2010.
Judgment delivered from the Bench at Vancouver, British Columbia, on October 21, 2010.
REASONS FOR JUDGMENT OF THE COURT BY: NOËL J.A.
Date: 20101021
Docket: A-524-09
Citation: 2010 FCA 281
CORAM: NOËL J.A.
SHARLOW J.A.
LAYDEN-STEVENSON J.A.
BETWEEN:
MARTHA KAHNAPACE
Appellant
and
ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Vancouver, British Columbia, on October 21, 2010)
NOËL J.A.
[1] Having considered the submissions of the parties, we conclude that this appeal is moot.
[2] We have considered whether it should be heard despite its mootness, having regard to the principles in Borowski (Borowski v. Canada (Attorney General) [1989] 1 S.C.R. 342).
[3] At the heart of this appeal is a debate about whether Policy 107 is fundamentally inconsistent with the statutory provision requiring that a person convicted of first or second degree murder be subject to the “least restrictive measures consistent with the protection of the public, staff members and offenders” (paragraph 4(d) of the Corrections and Conditional Release Act, S.C., 1992, c. 20). We accept that this is an important issue for the appellant and as a matter of public policy.
[4] However, we have concluded that it is not reasonable to expend judicial resources on this appeal because the record on appeal does not lend itself to a fair resolution of this issue.
[5] The appeal is accordingly dismissed for mootness.
“Marc Noël”
J.A.
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-524-09
STYLE OF CAUSE: MARTHA KAHNAPACE v. AGC
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: October 21, 2010
REASONS FOR JUDGMENT NOËL J.A.
OF THE COURT BY: SHARLOW J.A.
LAYDEN-STEVENSON J.A.
DELIVERED FROM THE BENCH BY: NOËL J.A.
APPEARANCES:
Sarah J. Rauch
FOR THE APPELLANT
Curtis Workun
Charmaine de los Reyes
FOR THE RESPONDENT
SOLICITORS OF RECORD:
Barrister & Solicitor
Vancouver, British Columbia
FOR THE APPELLANT
Myles J. Kirvan
Deputy Attorney General of Canada
FOR THE RESPONDENT