Canada (Procureur général) v. Boucher, 2005 CAF 77 (2005)

Extract

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Canada (Procureur général) v. Boucher, 2005 CAF 77 (2005)

Date: 20050228

Docket: A-137-04

Citation: 2005 FCA 77

CORAM: RICHARD C.J.

LÉTOURNEAU J.A.

NADON J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant

and

FRANÇOIS BOUCHER

Respondent

Hearing held at Ottawa , Ontario, February 8, 2005.

Judgment delivered at Ottawa, Ontario , February 28, 2005.

REASONS FOR JUDGEMENT: LÉTOURNEAU J.A.

CONCURRED IN BY: RICHARD C.J.

NADON J.A.

Date: 20050228

Docket: A-137-04

Citation: 2005 FCA 77

CORAM: RICHARD C.J.

LÉTOURNEAU J.A.

NADON J.A.

BETWEEN:

ATTORNEY GENERAL OF CANADA

Appellant

and

FRANÇOIS BOUCHER

Respondent

REASONS FOR JUDGMENT

LÉTOURNEAU J.A.

[1] On an application for judicial review, did the Federal Court Judge properly quash the decision of May 15, 2003, by the Commissioner of the Correctional Service of Canada (CSC)? In that decision, the Commissioner had raised the respondent's security classification and the respondent was transferred from the medium security La Macaza penitentiary to the maximum security Port Cartier penitentiary.

[2] In addition, this appeal raises the mootness of the exercise, as the respondent's security classification has, since the decision under appeal, been revised downward. As a result, the respondent went back to a medium security penitentiary, Cowansville Institution. I will quickly dispose of this preliminary issue.

Has the appeal become moot or pointless ?

[3] Both parties agreed that the appeal was not made pointless by the respondent's suing CSC for damages on December 3, 2004, following his placement in administrative segregation, ...

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