Rochon v. Canada (Justice)

Rochon v. Canada (Justice)
Court (s) Database
Federal Court of Appeal Decisions
Date
2010-05-26
Neutral citation
2010 FCA 133
File numbers
A-110-10
Decision Content
Federal Court of Appeal
Cour d’appel fédérale
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.
Federal Court of Appeal
Cour d’appel fédérale
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”
J.A.
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:
LIDA SARA NOURAIE
FOR THE APPELLANT
JACQUES SAVARY
TONI ABI NASR
FOR THE RESPONDENTS
SOLICITORS OF RECORD:
LIDA SARA NOURAIE
MONTRÉAL, QUEBEC
FOR THE APPELLANT
MYLES J. KIRVAN
DEPUTY ATTORNEY GENERAL OF CANADA
FOR THE RESPONDENTS