Rochon v. Canada (Justice)
The appeal book must consist solely of the record that was before the trial judge; materials addressing the merits of the Minister's decision that are not being challenged in the appeal are not admissible for inclusion. Accordingly, the content of the appeal book is limited to the items listed in rule 344 and the...
Source-derived case information.
- Citation
- 2010 FCA 133
- Parties
- Appellant: Louis-Philippe Rochon; Respondent: The Minister of Justice of Canada; Respondent: The Criminal Conviction Review Group
- Court
- Federal Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 26 May 2010
- Procedural Posture
- Judicial Review (application Concerning Criminal Conviction Review) / Appeal From Federal Court Decision Dismissing Motion for Extension of Time to File Application for Judicial Review
- Outcome
- Motion allowed without costs; appeal book limited to the record before the trial judge as specified by rule 344
- Legal Topics
- Extension of Time, Judicial Review, Criminal Conviction Review, Appeal Book Contents
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Louis-Philippe Rochon
Appellant
The Minister of Justice of Canada
Respondent
The Criminal Conviction Review Group
Respondent
Procedural Posture
Judicial Review (application Concerning Criminal Conviction Review) / Appeal From Federal Court Decision Dismissing Motion for Extension of Time to File Application for Judicial Review
Legal Issues
- 1 Whether materials addressing the merits of the Minister's decision may be added to the appeal book when the appeal challenges only the trial judge's dismissal of an extension motion
- 2 Whether the appellant provided a reasonable explanation for the delay in filing the application for judicial review
- 3 What the content of the appeal book must be under section 344 of the Federal Courts Rules
Ratio Decidendi
The appeal book must consist solely of the record that was before the trial judge; materials addressing the merits of the Minister's decision that are not being challenged in the appeal are not admissible for inclusion. Accordingly, the content of the appeal book is limited to the items listed in rule 344 and the appellant's proposed additions dealing with merits were rejected.
Court Disposition
Motion allowed without costs; appeal book limited to the record before the trial judge as specified by rule 344
Orders
- Motion allowed without costs
- Appeal book to include: a table of contents; the order appealed from and the reasons for the decision; the motion for an extension of time; the sworn statements submitted to support the motion; a copy of the order; the certificate in Form 344 of the Federal Courts Rules, SOR/98-106
Full Case Text
Judgment text and source record
1 paragraphs
Rochon v. Canada (Justice) Court (s) Database Federal Court of Appeal Decisions Date 2010-05-26 Neutral citation 2010 FCA 133 File numbers A-110-10 Decision Content Federal Court of Appeal Cour d’appel fédérale Date: 20100526 Docket: A-110-10 Citation: 2010 FCA 133 [ENGLISH TRANSLATION] Present: PELLETIER J.A. BETWEEN: LOUIS-PHILIPPE ROCHON Appellant and THE MINISTER OF JUSTICE CANADA and THE CRIMINAL CONVICTION REVIEW GROUP Respondents Written motion decided without appearance of parties. Order delivered at Ottawa, Ontario, on May 26, 2010. REASONS FOR ORDER BY: PELLETIER J.A. Federal Court of Appeal Cour d’appel fédérale Date: 20100526 Docket: A-110-10 Citation: 2010 FCA 133 Present: PELLETIER J.A. BETWEEN: LOUIS-PHILIPPE ROCHON Appellant and THE MINISTER OF JUSTICE CANADA and THE CRIMINAL CONVICTION REVIEW GROUP Respondents REASONS FOR ORDER PELLETIER J.A. [1] This is a motion to determine the content of the appeal book. The decision under appeal is the decision of Beaudry J. of the Federal Court who dismissed Mr. Rochon’s motion for an extension of time to file an application for judicial review of the Minister of Justice’s decision, acting through the Criminal Conviction Review Group (the CCRG), dismissing his application for review of his criminal conviction. [2] The decision that Mr. Rochon wants to challenge through judicial review was made on April 14, 2008. The application for judicial review was only filed on October 21, 2009. Beaudry J. dismissed the motion for extension of time because Mr. Rochon did not give a reasonable explanation for his being late in filing his motion for extension. [3] Since the appeal is centered on Beaudry J.’s decision, the appeal book consists of the record that was before the trial judge. The material that Mr. Rochon wishes to add to the appeal book all deal with the merits of the Minister’s decision, which is not being challenged in this case. [4] The motion will be allowed, but without costs. The content of the appeal book will appear as specified in section 344, specifically: a) a table of contents; b) the order appealed from and the reasons for the decision; c) the motion for an extension of time; d) the sworn statements submitted to support the motion; e) a copy of the order; f) the certificate in Form 344 of the Federal Courts Rules, SOR/98-106. “J.D. Denis Pelletier” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-110-10 STYLE OF CAUSE: LOUIS-PHILIPPE ROCHON and THE MINISTER OF JUSTICE OF CANADA and THE CRIMINAL CONVICTION REVIEW GROUP WRITTEN MOTION DECIDED WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: PELLETIER J.A. DATED: MAY 26, 2010 WRITTEN REPRESENTATIONS BY: LIDA SARA NOURAIE FOR THE APPELLANT JACQUES SAVARY TONI ABI NASR FOR THE RESPONDENTS SOLICITORS OF RECORD: LIDA SARA NOURAIE MONTRÉAL, QUEBEC FOR THE APPELLANT MYLES J. KIRVAN DEPUTY ATTORNEY GENERAL OF CANADA FOR THE RESPONDENTS