Mallen c. Attorney General of Canada 2017 QCCA 673 COURT OF APPEAL CANADA PROVINCE OF QUEBEC REGISTRY OF MONTREAL No: 500-10-005967-151 (460-36-000257-154) MINUTES OF THE HEARING DATE: April 24, 2017 CORAM: THE HONOURABLE jean bouchard , J.A. dominique bélanger , J.A. marie-josée hogue , J.A. APPELLANT TODD JAMES MALLEN Via videoconference RESPONDENT COUNSEL THE ATTORNEY GENERAL OF CANADA Mtre MARJOLAINE BRETON (Justice Canada) IMPLEADED PARTIES COUNSEL COWANSVILLE INSTITUTION ALESSANDRIA PAGE, WARDEN DESCRIPTION : Appeal placed on a special roll pursuant to Sections 79 and 97 of the Rules of the Court of Appeal in Criminal Matters

Clerk: Robert Osadchuck Courtroom: Pierre-Basile-Mignault HEARING 9 :31 Commencement of the hearing. Identification of counsel. 9:31 Submissions by Mr. Mallen. 9:40 Recess. 9:58 Resumption of the hearing. 9:59 By the Court: judgment –see page 3. Robert Osadchuck Clerk BY THE COURT JUDGMENT [ 1 ] The appellant who is presently detained in Ontario and serving a life sentence in a medium security penitentiary for having murdered his mother, wishes to pursue his appeal against the judgment rendered by Justice Charles Ouellet, dated September 4, 2015, who dismissed his application for a writ of habeas corpus .

The judge concluded that the appellant did not suffer from a deprivation of his residual liberty. [ 2 ] Although he filed an appeal, nothing was done for more than a year and a half. Petitioner argues in that regard that he doesn’t have access to the documents he needs to advance his appeal. [ 3 ] It is not necessary to make a decision as to the merit of this argument since a new assessment was made in March 29, 2016, maintaining the medium security classification. [ 4 ] Therefore, there is no object to the continuation of this appeal.

FOR THESE REASONS, THE COURT: [ 5 ] DECLARES the file closed. jean bouchard, J.A.

dominique bélanger, J.A. marie-josée hogue, J.A.