Date: 20030303
Docket: A-145-02
Neutral citation: 2003 FCA 110
CORAM: STRAYER J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
WEIMIN WU
Appellant
and
THE QUEEN
Respondent
Heard at Vancouver, British Columbia on March 3, 2003
Judgment delivered from the Bench at Vancouver, British Columbia on March 3, 2003
REASONS FOR JUDGMENT OF THE COURT BY: STRAYER J.A.
Date: 20030303
Docket: A-145-02
Neutral citation: 2003 FCA 110
CORAM: STRAYER J.A.
EVANS J.A.
MALONE J.A.
BETWEEN:
WEIMIN WU
Appellant
and
THE QUEEN
Respondent
REASONS FOR JUDGMENT
Delivered from the Bench at Vancouver, British Columbia
STRAYER J.A.
[1] On August 30, 2001, the Appellant filed a notice of application for judicial review of a decision of the Correctional Services of Canada refusing him day parole or escorted temporary absences from the federal institution where he was an inmate.
[2] On motion of the Attorney General made under section 40 of the Federal Court Act, Rouleau J. of the Trial Division issued an order on January 18, 2002 prohibiting the Appellant from commencing any new proceedings or continuing any existing proceedings without leave of the Court. Rouleau J. so ordered on the grounds that the Appellant is a vexatious litigant. The Motions Judge also ordered that this judicial review proceeding "be dismissed or not continued".
[3] The Appellant has not presented to us any valid argument why we should set aside the decision of Rouleau J. that he is a vexatious litigant and thus that he should not be permitted to continue this proceeding for judicial review. In our view there was ample evidence upon which Rouleau J. could so find.
[4] The appeal will therefore be dismissed. We would only clarify the order of Rouleau J. which apparently adopted the language of the motion of the Attorney General. That motion requested in the alternative that the judicial review proceeding "be dismissed or not continued". In our view he should simply have dismissed the proceeding as he obviously considered it was without merit. Accordingly the appeal will be dismissed and the order of Rouleau J. will be amended to dismiss the judicial review proceeding.
(Sgd.) "B.L. Strayer"
J.A.
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-145-02
STYLE OF CAUSE: Weimin Wu v. Her Majesty the Queen
PLACE OF HEARING: Vancouver, British Columbia
DATE OF HEARING: March 3, 2003
REASONS FOR
JUDGMENT: Strayer, J.A.
DATED: March 3, 2003
APPEARANCES:
Mr. Weimin Wu FOR APPELLANT
Mr. Malcolm Palmer FOR RESPONDENT
Mr. Edward Burnet
SOLICITORS OF RECORD:
Mr. Weimin Wu FOR APPELLANT
on his own behalf
Mr. Morris Rosenberg FOR RESPONDENT
Deputy Attorney General of Canada