Benhsaien v. Canada (Attorney General)

Benhsaien v. Canada (Attorney General)

The Application was moot because the contested PBC-AD decision only affected detention between the SRD and the WED and the Applicant's sentence expired; the later PBC decision imposing an LTSO condition was independent and would not be affected by success in this Application; discretionary factors (lack of suitable adversarial context and inappropriate use of judicial resources) counsel against hearing a moot case; accordingly the Amended Notice of Application was doomed to fail and was struck without leave to amend and the Application dismissed.

Citation
2024 FC 307
Parties
Applicant/ Responding Party: Nabil Benhsaien; Respondent/ Moving Party: Attorney General of Canada
Court
Federal Court
Jurisdiction
Canada
Judgment Date
23 February 2024
Procedural Posture
Judicial Review / Motion to Strike Under Rule 369 (mootness)
Outcome
Motion granted; Amended Notice of Application struck without leave to amend; Application for Judicial Review dismissed; no costs awarded
Legal Topics
Mootness, Motion to Strike, Long Term Supervision Order, Statutory Release, Discretion to Hear Moot Cases, Costs
Source Language
English
Administrative Law Criminal Law Parole and Conditional Release Judicial Review Mootness Motion to Strike Long Term Supervision Order Statutory Release +2 more

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Parties

Nabil Benhsaien

Applicant/ Responding Party

Attorney General of Canada

Respondent/ Moving Party

Procedural Posture

Judicial Review / Motion to Strike Under Rule 369 (mootness)

Legal Issues

  1. 1 Whether the Application for judicial review is moot following expiry of the sentence
  2. 2 Whether the Court should exercise its discretion to decide a moot case
  3. 3 Whether the Amended Notice of Application should be struck without leave to amend

Ratio Decidendi

The Application was moot because the contested PBC-AD decision only affected detention between the SRD and the WED and the Applicant's sentence expired; the later PBC decision imposing an LTSO condition was independent and would not be affected by success in this Application; discretionary factors (lack of suitable adversarial context and inappropriate use of judicial resources) counsel against hearing a moot case; accordingly the Amended Notice of Application was doomed to fail and was struck without leave to amend and the Application dismissed.

Court Disposition

Motion granted; Amended Notice of Application struck without leave to amend; Application for Judicial Review dismissed; no costs awarded

Orders

  • This motion is granted.
  • The Amended Notice of Application for Judicial Review, filed on November 10, 2022, is struck out in its entirety without leave to amend.