Date: 20030417
Docket: T-345-02
Citation: 2003 FCT 458
Montréal, Quebec, April 17, 2003
Present: Madam Justice Tremblay-Lamer
BETWEEN:
ÉRIC DESROSIERS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER AND ORDER
[1] This is an application for judicial review of a decision of the Chairperson of the Disciplinary Court (the "Chairperson") in which he found the applicant guilty of the disciplinary offence set forth in paragraph 40(l) of the Corrections and Conditional Release Act, S.C. 1992, c. 20 (the "Act").
[2] The applicant is currently an inmate in La Macaza Institution.
[3] On October 27, 2001, the applicant was selected at random to provide a urine sample. The applicant had to provide 40 millilitres of urine. However, despite a wait of two hours, he provided only 20 millilitres.
[4] At the conclusion of the hearing of this case, the Chairperson found the applicant guilty of the offence with which he was charged. The applicant argues that the Chairperson erred in law in rejecting his due diligence defence.
[5] In Hendrickson v. Kent Institution, [1990] F.C.J. No. 19 (QL), Mr. Justice Denault notes that the Federal Court's intervention in reviewing a decision of a disciplinary court of a disciplinary institution is limited to considering whether there has been a breach of the duty to act fairly. He notes that relief shall be granted only in cases of "serious injustices".
[6] Nothing warrants the intervention of the Court in this case. The Chairperson heard the applicant's version. Contrary to the applicant's submissions, he did not ignore his defence of due diligence. He considered all the matters in the file and concluded that the applicant was guilty of the offence. It is not appropriate for this Court to substitute its opinion for that of the Chairperson in the assessment of the evidence on the record. The Court is of the opinion that there was no serious injustice in this case.
[7] For these reasons, the application for judicial review is dismissed.
ORDER
THE COURT ORDERS that the application for judicial review be dismissed.
"Danièle Tremblay-Lamer"
J.F.C.C.
Certified true translation
Suzanne Gauthier, C. Tr., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030417
Docket: T-345-02
Between:
ÉRIC DESROSIERS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET: T-345-02
STYLE: ÉRIC DESROSIERS
Applicant
and
THE ATTORNEY GENERAL OF CANADA
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: April 17, 2003
REASONS FOR ORDER AND ORDER:
THE HONOURABLE MADAM JUSTICE TREMBLAY-LAMER
DATED: April 17, 2003
APPEARANCES:
Daniel Royer FOR THE APPLICANT
Sébastien Gagné FOR THE RESPONDENT
SOLICITORS OF RECORD:
Labelle, Boudrault, Côté et associés FOR THE APPLICANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec