Mennes v. McClung

Mennes v. McClung
Court (s) Database
Federal Court of Appeal Decisions
Date
2003-02-18
Neutral citation
2003 FCA 89
File numbers
A-9-02
Decision Content
Date: 20030218
Docket: A-9-02
Neutral citation: 2003 FCA 89
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
EVANS J.A.
BETWEEN:
EMILE MENNES,
Appellant
- and -
LUCIE McCLUNG, OLE INGSTRUP, MICHEL ROY, KAREN WISEMAN,
LIZ ESHKROD, THE COMMISSIONER OF CORRECTIONS,
THE CORRECTIONAL SERVICE OF CANADA,
THE NATIONAL LIBRARY OF CANADA,
THE MINISTER OF NATIONAL HEALTH AND WELFARE,
Respondents
Heard at Toronto, Ontario, on Tuesday, February 18th, 2003.
Judgment delivered from the Bench at Toronto, Ontario,
on Tuesday, February 18th, 2003.
REASONS FOR JUDGMENT OF THE COURT BY: LÉTOURNEAU J.A.
Date: 20030218
Docket: A-9-02
Neutral citation: 2003 FCA 89
CORAM: DESJARDINS J.A.
LÉTOURNEAU J.A.
EVANS J.A.
BETWEEN:
EMILE MENNES,
Appellant
- and -
LUCIE McCLUNG, OLE INGSTRUP, MICHEL ROY, KAREN WISEMAN,
LIZ ESHKROD, THE COMMISSIONER OF CORRECTIONS,
THE CORRECTIONAL SERVICE OF CANADA,
THE NATIONAL LIBRARY OF CANADA,
THE MINISTER OF NATIONAL HEALTH AND WELFARE,
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario
on Tuesday, February 18, 2003)
We are of the view that this appeal should be dismissed. We agree with Blais J. that sections 97 and 98 of the Corrections and Conditional Release Act S.C. 1992, c. 20, subsection 24(5) of the Interpretation Act R.S.C. 1985, c. I-21 and Directive 081 entitled Offender Complaints and Grievances (CD081), dated June 22, 1998 and issued by the Commissioner of Corrections, authorized the delegation of powers, in this case, to the Acting Assistant Commissioner.
[2] We need not decide if such transfer of authority, which involved a delegation of an adjudicative function, could be justified under the Carltona principle somewhat embodied in the decision of the Supreme Court of Canada in the Queen v. Harrison, [1977] 1 S.C.R. 238, at p. 245.
[3] The appeal will be dismissed with costs to the Crown.
"Gilles Létourneau"
J.A.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Names of Counsel and Solicitors of Record
DOCKET: A-9-02
STYLE OF CAUSE: EMILE MENNES,
Appellant
- and -
LUCIE McCLUNG, OLE INGSTRUP, MICHEL ROY,
KAREN WISEMAN, LIZ ESHKROD, THE
COMMISSIONER OF CORRECTIONS, THE
CORRECTIONAL SERVICE OF CANADA,
THE NATIONAL LIBRARY OF CANADA,
THE MINISTER OF NATIONAL HEALTH AND
WELFARE,
Respondents
PLACE OF HEARING:TORONTO, ONTARIO
DATE OF HEARING: TUESDAY, FEBRUARY 18, 2003
REASONS FOR JUDGMENT
OF THE COURT BY: LÉTOURNEAU J.A.
DATED: TUESDAY, FEBRUARY 18, 2003
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON FEBRUARY 18, 2003.
APPEARANCES:
No Appearance
For the Appellant
Ms. Melanie M. Toolsie
For the Respondent
SOLICITORS OF RECORD:
Warkworth Institution
Campbellford, Ontario
For the Appellant
Morris Rosenberg
Deputy Attorney General of Canada
For the Respondent