Ralston Latham v. Canada
The court found the parties' agreement as to contents complied with Rule 344 and therefore ordered the Administrator to prepare the appeal book in accordance with that agreement.
Source-derived case information.
- Citation
- 2008 FCA 322
- Parties
- Appellant: Bryan Ralston Latham; Respondent: Her Majesty the Queen
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 23 October 2008
- Procedural Posture
- Appeal / Motions Concerning Preparation and Contents of Appeal Book
- Outcome
- Order directing the Administrator to prepare the appeal book in accordance with the parties' agreement (counsel's letter dated September 10, 2008); contents of the appeal book fixed as described in that agreement.
- Legal Topics
- Appeal Book Contents, Federal Courts Rules Rule 344, Prisoner Litigant Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bryan Ralston Latham
Appellant
Her Majesty the Queen
Respondent
Procedural Posture
Appeal / Motions Concerning Preparation and Contents of Appeal Book
Legal Issues
- 1 Whether certain submissions and correspondence of the appellant must be included in the appeal book
- 2 Whether the Administrator should be ordered to prepare the appeal book because the appellant cannot do so
Ratio Decidendi
The court found the parties' agreement as to contents complied with Rule 344 and therefore ordered the Administrator to prepare the appeal book in accordance with that agreement.
Court Disposition
Order directing the Administrator to prepare the appeal book in accordance with the parties' agreement (counsel's letter dated September 10, 2008); contents of the appeal book fixed as described in that agreement.
Orders
- Contents of the appeal book to be as described in the agreement attached to counsel's letter dated September 10, 2008
- Administrator directed to prepare the appeal book in accordance with that agreement
Full Case Text
Judgment text and source record
1 paragraphs
Ralston Latham v. Canada Court (s) Database Federal Court of Appeal Decisions Date 2008-10-23 Neutral citation 2008 FCA 322 File numbers A-429-08 Decision Content Date: 20081023 Docket: A-429-08 Citation: 2008 FCA 322 Present: PELLETIER J.A. BETWEEN: BRYAN RALSTON LATHAM Appellant and HER MAJESTY THE QUEEN Respondent Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on October 23, 2008. REASONS FOR ORDER BY: PELLETIER J.A. Date: 20081023 Docket: A-429-08 Citation: 2008 FCA 322 Present: PELLETIER J.A. BETWEEN: BRYAN RALSTON LATHAM Appellant and HER MAJESTY THE QUEEN Respondent REASONS FOR ORDER PELLETIER J.A. [1] Mr. Latham, an inmate of the Saskatchewan Penitentiary in Prince Albert, Saskatchewan, brings two motions in connection with his appeal from a decision of Madam Justice Tremblay-Lamer. The first motion seeks an order directing the Administrator to prepare the appeal book. The second motion seeks an order setting the contents of the appeal book. These reasons will deal with both motions. [2] I will deal with the second motion first since it logically precedes the first. The dispute between Mr. Latham and counsel for the Attorney General is whether certain submissions made by Mr. Latham in the course of the proceedings should be included in the appeal book. The contents of the appeal book are fixed by Rule 344 of the Federal Courts Rules. In his second motion record, Mr. Latham includes his exchange of correspondence with counsel for the Attorney General. The agreement as to the contents of the appeal book, which is attached to counsel's letter dated September 10, 2008, complies with Rule 344. Consequently, the contents of the appeal book will be as described in that document. [3] I agree that Mr. Latham is not in a position to prepare the appeal book. There will be an order directing the Administrator to prepare the appeal book in accordance with the proposed agreement as to the contents of the appeal book, as adopted by this Court. "J.D. Denis Pelletier" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-429-08 STYLE OF CAUSE: Bryan Ralston Latham v. Her Majesty the Queen MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: PELLETIER J.A. DATED: October 23, 2008 WRITTEN REPRESENTATIONS BY: Bryan Ralston Latham FOR THE APPELLANT On his own behalf Marcia E. Jackson FOR THE RESPONDENT SOLICITORS OF RECORD: John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT