Date: 20000613

Docket: A-437-99

CORAM:      ISAAC, J.A.

         ROBERTSON, J.A.

         SHARLOW, J.A.

BETWEEN:

     HER MAJESTY THE QUEEN,

     THE ATTORNEY GENERAL OF CANADA,

     THE SOLICITOR GENERAL OF CANADA,

     THE COMMISSIONER OF CORRECTIONS,

     THE DEPUTY COMMISSIONER OF CORRECTIONS (PACIFIC),

     THE INSTITUTIONAL HEAD OF MATSQUI INSTITUTION,

     THE INSTITUTIONAL HEAD OF FERNDALE INSTITUTION

     Appellants

     - and -

     GAYLE KATHLEEN HORII

     Respondent

     REASONS FOR JUDGMENT OF THE COURT

     (Delivered orally on the Bench at Vancouver, B.C.

     on June 13, 2000.)

SHARLOW, J.A.

[1]      Mr. Justice Robertson and I are of the view that this appeal should be dismissed with costs. Whether or not the Motions Judge erred in deciding that this action is not moot because of the possibility of re-incarceration, the fact is, and the Crown concedes, that the Respondent is asking for a Charter remedy in respect of alleged past events, and the Crown has not sought to sever the claims for relief which the Crown argues are unavailable as a result of recent changes to the correctional system.

[2]      Mr. Justice Isaac disagrees and would have allowed the appeal with costs on the basis that the action is moot, particularly in light of recent changes to the correctional system.

     (Sgd.) "K. Sharlow"

     J.A.