Date: 20030325
Docket: T-4-03
Neutral Citation: 2003 FCT 343
Montréal, Quebec, March 25, 2003
Present: Richard Morneau, Prothonotary
BETWEEN:
SYLVAIN TURCOTTE
Applicant
and
CORRECTIONAL SERVICE OF CANADA
and
GINETTE TROTTIER
Respondents
REASONS FOR ORDER AND ORDER
[1] This is a motion by the applicant, who is representing himself, for an order:
- permitting him to serve and file an affidavit regarding a notice of constitutional question which he filed on March 4, 2003;
- permitting him, if necessary, to file a memorandum at least 65 pages long as part of the applicant's record;
- granting a 60-day extension of time for filing the applicant's record.
[2] As discussed in court, the relief sought by the applicant is dismissed, because the Court is far from being satisfied that it is in the interests of the administration of justice to permit the filing of an affidavit in support of a notice of constitutional question, the relevance of which the Court has great difficulty in discerning.
[3] In any event, as discussed in court, any notice of constitutional question must comply with the presentation requirements set out by Mr. Justice Rothstein in his decision dated June 9, 1995, in docket IMM-4063-94.
[4] With respect to the length of the applicant's memorandum that must be filed as part of the record under rule 309, it is in the interests of the administration of justice and in the spirit of rule 3 that the memorandum not exceed the length already prescribed by the rules.
[5] With respect to the extension of the period under rule 309, it is sufficient that the Court notes that the Attorney General of Canada has consented to the period prescribed by rule 309 being extended by one half of the period sought, in accordance with rule 7.
[6] Lastly, only the Attorney General of Canada shall henceforth appear as defendant in the style of cause in this case.
Richard Morneau
Prothonotary
Certified true translation
Mary Jo Egan, LLB
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20030325
Docket: T-4-03
Between:
SYLVAIN TURCOTTE
Applicant
and
CORRECTIONAL SERVICE OF CANADA
and
GINETTE TROTTIER
Respondents
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
SOLICITORS OF RECORD
DOCKET:
STYLE OF CAUSE:
T-4-03
SYLVAIN TURCOTTE
Applicant
and
CORRECTIONAL SERVICE OF CANADA
and
GINETTE TROTTIER
Respondents
PLACE OF HEARING:Montréal, Quebec
DATE OF HEARING: March 17, 2003
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATED:March 25, 2003
APPEARANCES:
| Sylvain Turcotte |
|
for the applicant |
|
|
|
|
| Dominique Guimond |
|
for the respondents |
|
|
|
|
SOLICITORS OF RECORD:
| Morris Rosenberg Deputy Attorney General of Canada |
|
for the respondents
|