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Date: 19990922 Docket: A-174-98 CORAM: DÉCARY J.A. MacKAY J. McDONALD J.A. BETWEEN: EDWARD ROY SCOTT Appellant - and - HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, Tuesday, September 21, 1999 Judgment delivered at Toronto, Ontario on Wednesday, September 22, 1999 REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: MacKAY J. McDONALD J.A. Date: 19990922 Docket: A-174-98 CORAM: DÉCARY J.A. MacKAY J. McDONALD J.A. BETWEEN: EDWARD ROY SCOTT Appellant - and - HER MAJESTY THE QUEEN Respondent Heard at Toronto, Ontario, Tuesday, September 21, 1999 Judgment delivered at Toronto, Ontario on Wednesday, September 22, 1999 REASONS FOR JUDGMENT BY: DÉCARY J.A. CONCURRED IN BY: MacKAY J. McDONALD J.A. Date: 19990922 Docket: A-174-98 CORAM: DÉCARY J.A. McKAY J. McDONALD J.A. BETWEEN: EDWARD ROY SCOTT Appellant - and - HER MAJESTY THE QUEEN Respondent REASONS FOR JUDGMENT
DÉCARY J.A.: [1] I am of the view that this appeal should be dismissed. [2] I have found no reviewable error in the Associate Chief Justice"s decision to refuse to grant the appellant an extension of time to file an appeal against the decision of the Motions Judge who has summarily dismissed the appellant"s statement of claim on the ground that there was no reasonable cause of action. [3] In his statement of claim, the appellant seeks damages from the Correctional Services of Canada (the "Services") because he was incarcerated seven days longer than authorized by the Criminal Code. The Services were simply applying the sentence as determined by the sentencing judge and as set out in a Warrant of Committal upon Conviction. It is clearly beyond the authority of the Services to amend the sentence and the warrant. The Services did what they could do in reminding the appellant twice that the sentence was in conflict with the Criminal Code and that he could initiate proceedings to obtain an amended warrant to remedy the defect. [4] The Associate Chief Justice was therefore at liberty to deny the extension of time as there was no arguable issue to start with. [5] The appeal should be dismissed. There should be no order as to costs. "Robert Décary" J.A. "I agree. W. Andrew MacKay J." "I agree. F.J. McDonald J.A." FEDERAL COURT OF CANADA Names of Counsel and Solicitors of Record DOCKET: A-174-98
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DATE OF HEARING: TUESDAY, SEPTEMBER 21, 1999 PLACE OF HEARING: TORONTO, ONTARIO
Delivered at Toronto, Ontario on Wednesday, September 22, 1999 APPEARANCES: Mr. Edward Roy Scott
Ms. Janice Rodgers
For the Respondent
c/o The Warkworth Penitentiary
Campbellford, Ontario K0L 1L0
Morris Rosenberg Deputy Attorney General of Canada For the Respondent FEDERAL COURT OF APPEAL Date: 19990922 Docket: A-174-98 BETWEEN: EDWARD ROY SCOTT Appellant
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Respondent
REASONS FOR JUDGMENT
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