Lingley v. Review Bd., (1975) 13 N.R. 22 (FCA)

• Judge: Pratte, Dube, JJ., and Jean, D.J.
• Court: Federal Court of Appeal (Canada)
• Case Date: June 06, 1975
• Jurisdiction: Canada (Federal)
• Citations: (1975), 13 N.R. 22 (FCA)

Lingley v. Review Bd. (1975), 13 N.R. 22 (FCA)

MLB headnote and full text

Lingley v. New Brunswick Board of Review Under Section 547 of the Criminal Code of Canada

Indexed As: Lingley v. New Brunswick Board of Review Under Section 547 of the Criminal Code of Canada

Federal Court of Appeal

Pratte, Dube, JJ., and Jean, D.J.

June 6, 1975.

Summary:

This headnote contains no summary.

Courts - Topic 4085

Federal Court of Canada - Jurisdiction of Federal Court of Appeal - "Decision" of boards or tribunals - Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, s. 28(1) - Whether recommendation of review board under s. 547 of the Criminal Code of Canada is reviewable by Federal Court of Appeal - Under s. 547 a review board was required to periodically determine whether a person who had been found criminally insane had recovered - The Board then made a recommendation to the Lieutenant Governor in Council - The Federal Court of Appeal held that the recommendation of the Board was not a decision within the meaning of s. 28(1) of the Federal Court Act and was not reviewable by the Federal Court of Appeal.

Words and Phrases

Decision - The Federal Court of Appeal discussed the meaning of the word "decision" as found in s. 28(1) of the Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10.

Cases Noticed:

Attorney General of Canada v. Cylien, [1973] F.C. 1166, refd to. [para. 10, fn. 1].

British Columbia Packers Ltd. et al. v. Canada Labour Relations Board, [1973] F.C. 1194, refd to. [para. 10, fn. 1].

Re Danmor Shoe Co. Ltd., 1 N.R. 422, [1974] F.C. 22, refd to. [para. 10, fn. 1].

Bay v. The Queen, [1974] F.C. 523, refd to. [para. 10, fn. 1].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 542, sect. 545 [para. 4]; sect. 547 [para. 5].

Federal Court Act, R.S.C. 1970, 2nd Supp., c. 10, sect. 28(1) [para. 8].

Counsel:

Robert Maxwell Lingley, on his own behalf;

Richard G. Speight, for the respondent.

This case was heard on June 6, 1975, at Campbellton, New Brunswick, before PRATTE, DUBE, JJ., and JEAN, D.J., of the Federal Court of Appeal.

On June 6, 1975, PRATTE, J., orally delivered the following judgment of the Federal Court of Appeal: