Wedow v. Canada (Correctional Service)
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Wedow v. Canada (Correctional Service) Court (s) Database Federal Court Decisions Date 2001-04-18 Neutral citation 2001 FCT 351 File numbers T-1232-00 Decision Content Date: 20010418 Docket: T-1232-00 Neutral Citation: 2001 FCT 351 BETWEEN: LLOYD GRANT WEDOW Applicant - and - CORRECTIONAL SERVICE OF CANADA, BOWDEN INSTITUTION, THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA, ADELE BOYCHUK, EVERETT OLSEN, FLOYD WILSON, MITCH KASSEN, REMI GOBEIL, and MICHEL ROY Respondent(s) REASONS FOR ORDER AND ORDER TEITELBAUM, J. [1] On or about July 12, 2000, the Applicant filed an Application for Judicial Review pursuant to Section 18.1 of the Federal Court Act. [2] The hearing for the Judicial Review Application is scheduled for May 1, 2001 at 9:30 in the forenoon at 635 - 8th Ave. S.W., 3rd Floor, in the City of Calgary, Alberta. [3] The Applicant is currently incarcerated in Bowden Institution and desires to be present for his hearing. [4] Pursuant to Rule 45, the Court, on motion, may make an Order in Form 45 requiring that any person who is in custody of a prison or penitentiary be brought before the Court. [5] The Applicant has filed a motion pursuant to Rule 45 in order to be present at the Federal Court on 635 - 8th Avenue S.W. Calgary to personally present his case. [6] As grounds for his application, the Applicant states that he has personal knowledge of the matters and facts of his case, that he has prepared all the documents and that it is in the "interest of j…
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Wedow v. Canada (Correctional Service) Court (s) Database Federal Court Decisions Date 2001-04-18 Neutral citation 2001 FCT 351 File numbers T-1232-00 Decision Content Date: 20010418 Docket: T-1232-00 Neutral Citation: 2001 FCT 351 BETWEEN: LLOYD GRANT WEDOW Applicant - and - CORRECTIONAL SERVICE OF CANADA, BOWDEN INSTITUTION, THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA, ADELE BOYCHUK, EVERETT OLSEN, FLOYD WILSON, MITCH KASSEN, REMI GOBEIL, and MICHEL ROY Respondent(s) REASONS FOR ORDER AND ORDER TEITELBAUM, J. [1] On or about July 12, 2000, the Applicant filed an Application for Judicial Review pursuant to Section 18.1 of the Federal Court Act. [2] The hearing for the Judicial Review Application is scheduled for May 1, 2001 at 9:30 in the forenoon at 635 - 8th Ave. S.W., 3rd Floor, in the City of Calgary, Alberta. [3] The Applicant is currently incarcerated in Bowden Institution and desires to be present for his hearing. [4] Pursuant to Rule 45, the Court, on motion, may make an Order in Form 45 requiring that any person who is in custody of a prison or penitentiary be brought before the Court. [5] The Applicant has filed a motion pursuant to Rule 45 in order to be present at the Federal Court on 635 - 8th Avenue S.W. Calgary to personally present his case. [6] As grounds for his application, the Applicant states that he has personal knowledge of the matters and facts of his case, that he has prepared all the documents and that it is in the "interest of justice" that his "presence is necessary to adequately present the case and answer any queries by the Justice presiding over the hearing of this matter". (See Affidavit in Support). [7] I have read the Applicants' Section 18.1 application. [8] The decision to be reviewed deals with the issue that the Applicant was denied and, from reading the Section 18.1 application, the continued denial of telephone access with his son Damien Grant Piscopo. [9] A person is entitled to physically attend his or her hearing. A person is also entitled to represent himself. A person who is incarcerated in a prison or penitentiary does not have the same privilege to physically attend the hearing unless he obtains the Court permission. This permission, to physically bring an incarcerated person to the place of hearing requires the service of prison guards and special transportation. [10] I have not been told why the Applicant has been incarcerated. [11] I am satisfied that the Applicant can adequately represent himself if the Application for Judicial Review is heard by a Judge of the Federal Court of Canada - Trial Division by means of a Telephone Conference Call. [12] It is therefore Ordered that the hearing of the Application for Judicial Review be heard by means of a Telephone Conference Call at a time and date as determined by the Office of the Associate Chief Justice. [13] The Applicant is to be provided, by the authorities of Bowden Institution, with the facilities required so as to enable the Applicant to present his submissions at the time of hearing and in privacy if he so requests. "Max M. Teitelbaum" J.F.C.C. Calgary, Alberta April 18, 2001 FEDERAL COURT OF CANADA TRIAL DIVISION Date: 20010418 Docket: T-1232-00 BETWEEN: LLOYD GRANT WEDOW Applicant - and - CORRECTIONAL SERVICE OF CANADA, BOWDEN INSTITUTION, THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA, ADELE BOYCHUK, EVERETT OLSEN, FLOYD WILSON, MITCH KASSEN, REMI GOBEIL, and MICHEL ROY Respondent(s) REASONS FOR ORDER AND ORDER FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: T-1232-00 STYLE OF CAUSE: LLOYD GRANT WEDOW v. CORRECTIONAL SERVICE OF CANADA, BOWDEN INSTITUTION, THE SOLICITOR GENERAL OF CANADA, THE ATTORNEY GENERAL OF CANADA, ADELE BOYCHUK, EVERETT OLSEN, FLOYD WILSON, MITCH KASSEN, REMI GOBEIL, and MICHEL ROY MOTION DEALT WITH IN WRITING PURSUANT TO RULE 369 REASONS FOR ORDER AND ORDER OF TEITELBAUM, J. DATED: April 18, 2001 WRITTEN SUBMISSIONS BY: Mr. Lloyd Grant Wedow FOR APPLICANT Mr. Ken Manning FOR RESPONDENT(S) SOLICITORS OF RECORD: Mr. Lloyd Grant Wedow Innisfail, Alberta FOR APPLICANT Morris A. Rosenberg Deputy Attorney General of Canada OTTAWA, Ontario FOR RESPONDENT(S)
Source: decisions.fct-cf.gc.ca