PENITENTIARIES |
Belair v. Canada (Solicitor General)
T-1413-98
Pelletier J.
15-2-00
4 pp.
Application for judicial review of disciplinary tribunal decision finding plaintiff guilty of disciplinary offence--Application based on fact request pursuant to Official Languages Act, s. 16 that proceeding be in French before presiding officer who understood French denied--Act, s. 3 stating federal tribunal "body that carries out adjudicative functions and is established by or pursuant to an Act of Parliament"--Only question whether disciplinary tribunal "carries out adjudicative functions"--Application dismissed--Supreme Court of Canada and Federal Court of Appeal have already held this type of tribunal is administrative tribunal and so not body that carries out adjudicative functions: Martineau et al. v. Matsqui Institution Disciplinary Board, [1978] 1 S.C.R. 118 and Martineau v. Matsqui Institution Disciplinary Board, [1980] 1 S.C.R. 602, and Hanna v. Mission Institution, (1995), 102 F.T.R. 275 (T.D.) (F.C.A.)--Official Languages Act, R.S.C., 1985 (4th Supp.), c. 31, ss. 3, 16.