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Date: 20020225 Docket: A-460-00 Québec, Quebec, February 25, 2002 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: MARCO ALLARD Plaintiff and ATTORNEY GENERAL OF CANADA Defendant JUGDMENT The application for judicial review is dismissed with costs.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20020225 Docket: A-460-00 Neutral citation: 2002 FCA 70 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: MARCO ALLARD Plaintiff and ATTORNEY GENERAL OF CANADA Defendant Hearing held at Québec, Quebec on February 25, 2002 Judgment from the bench at Québec, Quebec on February 25, 2002 REASONS FOR JUDGMENT OF THE COURT BY: DESJARDINS J.A. CONCURRED IN BY: DÉCARY J.A. NOËL J.A. Date: 20020225 Docket: A-460-00 Neutral citation: 2002 FCA 70 CORAM: DESJARDINS J.A. DÉCARY J.A. NOËL J.A. BETWEEN: MARCO ALLARD Plaintiff and ATTORNEY GENERAL OF CANADA Defendant REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Québec, Quebec on February 25, 2002) DESJARDINS J.A. [1] The plaintiff submitted that a recording is a transcript within the meaning of s. 68(3)(iii) of the Unemployment Insurance Regulations ("the Regulations", C.R.C. 1978, c. 1576) and that the interpretation given to that provision by the umpire (C.U.B. 48 388, February 28, 2000) is wrong. [2] Section 68(3)(iii) of the Regulations reads as follows:
[3] The plaintiff did not persuade the Court that the umpire erred in the interpretation he gave to that provision. [4] Several statutes make a distinction between the recording of testimony and argument on the one hand, and their transcription on the other. This is true in particular of s. 46(1)(viii) of the Federal Court Act and ss. 184.1(3) and 487.1(2) of the Criminal Code. Further, in Canadian Union of Public Employees, Local 301 v. Montreal (City), [1997] 1 S.C.R. 793, the Supreme Court of Canada discussed two distinct concepts when it used the words "transcript" and "recording" in the following passage: In the absence of a statutory right to a recording, courts must determine whether the record before it [sic] allows it to properly dispose of the application for appeal or review. If so, the absence of a transcript will not violate the rules of natural justice. Where the statute does mandate a recording, however, natural justice may require a transcript. [5] The duty imposed on the Commission under s. 68(3)(iii) deals only with the "transcript, if any". [6] The application for judicial review will be dismissed with costs.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD COURT FILE No.: A-460-00 STYLE OF CAUSE: MARCO ALLARD Plaintiff and ATTORNEY GENERAL OF CANADA Defendant PLACE OF HEARING: Québec, Quebec DATE OF HEARING: February 25, 2002 REASONS FOR JUDGMENT OF THE COURT BY: Desjardins J.A. CONCURRED IN BY: Décary J.A. Noël J.A. DATED: February 25, 2002 APPEARANCES: François Leduc for the plaintiff Paul Deschênes for the defendant SOLICITORS OF RECORD: LEDUC, DUCHESNE, BÉCOTTE ET ASS. for the plaintiff Québec, Quebec DEPARTMENT OF JUSTICE for the defendant Montréal, Quebec |
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