Ayotte v. Canada (Attorney General)
The appeal was dismissed as moot because the appellant had already been transferred to a medium security institution, removing the principal issue; the court nonetheless affirmed the principle that inmates should receive sufficient particulars of suspicions unless security concerns justify limitation.
Source-derived case information.
- Citation
- 2002 FCA 139
- Parties
- Appellant: Gilles Ayotte; Respondent: Attorney General of Canada
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 16 April 2002
- Procedural Posture
- Appeal / Final Judgment (dismissed)
- Outcome
- Appeal dismissed without costs.
- Legal Topics
- Mootness, Disclosure to Inmate, Security Considerations, Transfer of Prisoner, Procedural Fairness
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Gilles Ayotte
Appellant
Attorney General of Canada
Respondent
Procedural Posture
Appeal / Final Judgment (dismissed)
Legal Issues
- 1 Whether the appeal is moot because the appellant was transferred to a medium security institution
- 2 Whether the prison administration provided sufficient information to the inmate about suspicions of introducing a firearm and a conspiracy to escape to permit an intelligent reply
- 3 Extent to which security concerns justify withholding details from an inmate
Ratio Decidendi
The appeal was dismissed as moot because the appellant had already been transferred to a medium security institution, removing the principal issue; the court nonetheless affirmed the principle that inmates should receive sufficient particulars of suspicions unless security concerns justify limitation.
Court Disposition
Appeal dismissed without costs.
Orders
- Appeal dismissed without costs.
Full Case Text
Judgment text and source record
1 paragraphs
Ayotte v. Canada (Attorney General) Court (s) Database Federal Court of Appeal Decisions Date 2002-04-16 Neutral citation 2002 FCA 139 File numbers A-31-01 Decision Content Date: 20020416 Docket: A-31-01 Montréal, Quebec, April 16, 2002 Coram: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: GILLES AYOTTE Appellant and ATTORNEY GENERAL OF CANADA Respondent JUDGMENT The appeal is dismissed without costs. "Robert Décary" J.A. Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. Date: 20020416 Docket: A-31-01 Neutral citation: 2002 FCA 139 Coram: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: GILLES AYOTTE Appellant and ATTORNEY GENERAL OF CANADA Respondent Hearing held at Montréal, Quebec, on April 16, 2002. Judgment from the bench at Montréal, Quebec, on April 16, 2002. REASONS FOR JUDGMENT OF THE COURT: DÉCARY J.A. Date: 20020416 Docket: A-31-01 Neutral citation: 2002 FCA 139 Coram: DÉCARY J.A. NOËL J.A. PELLETIER J.A. BETWEEN: GILLES AYOTTE Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench in Montréal, Quebec, on April 16, 2002.) DÉCARY J.A. [1] We consider that this appeal has become moot since the appellant has already been transferred to a medium security institution, and this was the principal point in the appeal. [2] Our reading of the file leads us to conclude that the following comments by Létourneau J.A. in Fortin v. Donnacona Institution, [2000] F.C.J. No. 235, are applicable in the case at bar: [3] Hav[ing] said that, we are concerned by the scanty information supplied to the appellant in this case by the prison administration concerning its suspicions about him in regard to the introduction of a firearm into the Leclerc Institution, where the appellant was then being held, and in regard to a possible conspiracy to escape from that institution. [4] Subject to the measures that must be taken to guarantee the security of outsiders and the protection of personal and confidential information, an inmate faced with such suspicions or charges should be given sufficient information concerning the circumstances of time, place and manner to enable him to reply intelligently to the charges against him. [3] The appeal will be dismissed without costs. "Robert Décary" J.A. Certified true translation Suzanne M. Gauthier, C. Tr., LL.L. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20020416 Docket: A-31-01 Between: GILLES AYOTTE Appellant and ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT FEDERAL COURT OF CANADA APPEAL DIVISION SOLICITORS OF RECORD FILE: A-31-01 Appeal from Trial Division judgment in case T-787-00 on January 2, 2001 STYLE OF CAUSE: GILLES AYOTTE Appellant and ATTORNEY GENERAL OF CANADA Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 16, 2002 REASONS FOR JUDGMENT OF THE COURT BY: DÉCARY J.A. CONCURRED IN BY: NOËL J.A. PELLETIER J.A. DATED: April 16, 2002 APPEARANCES: Daniel Royer FOR THE APPELLANT Éric Lafrenière FOR THE RESPONDENT SOLICITORS OF RECORD: Labelle, Boudrault, Côté et Associés FOR THE APPELLANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec