MICHEAL SWIFT Appellant v. THE ATTORNEY, 2016 FCA 43

Date: 20160208 Docket: A​576​14 Citation: 2016 FCA 43 CORAM: NOËL C.J. SCOTT J.A. DE MONTIGNY J.A. BETWEEN: MICHEAL SWIFT Appellant and THE ATTORNEY GENERAL OF CANADA Respondent Heard at Montréal, Quebec, on February 8, 2016. Judgment delivered from the Bench at Montréal, Quebec, on February 8, 2016. REASONS FOR JUDGMENT OF THE COURT BY: SCOTT J.A. Date: 20160208 Docket: A​576​14 Citation: 2016 FCA 43 CORAM: NOËL C.J. SCOTT J.A. DE MONTIGNY J.A.

BETWEEN: MICHEAL SWIFT Appellant And THE ATTORNEY GENERAL OF CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Montréal, Quebec, on February 8, 2016.) SCOTT J.A. [ 1 ] Despite the detailed presentation by the appellant’s counsel, to the effect that Madam Justice Bédard (the Judge) made several errors when she dismissed his application for judicial review of a decision rendered on February 26, 2014 by an independent chairperson elected under the Corrections and Conditional Release Regulations , SOR/92​620, we have not been convinced. [ 2 ] The independent chairperson found the appellant guilty of a serious offence when he triggered the emergency alarm in his cell without a valid reason.

We are not satisfied that our intervention is warranted because the Judge correctly identified the applicable standards of review and did not err in applying them when she concluded that the independent chairperson conducted his investigation in a fair and reasonable manner. [ 3 ] Nor is our intervention warranted as to costs.

[ 4 ] The appeal will, therefore, be dismissed with costs. «A.F. Scott» J.A. Translation FEDERAL COURT OF APPEAL SOLICITORS OF RECORD DOCKET: A​576​14 STYLE OF CAUSE: MICHEAL SWIFT v. THE ATTORNEY GENERAL OF CANADA PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 8, 2016 REASONS FOR JUDGMENT BY: NOËL C.J. SCOTT J.A. DE MONTIGNY J.A. DELIVERED FROM THE BENCH BY: SCOTT J.A. APPEARANCES : Hugues Surprenant For the Appellant Dominique Guimond For the Respondent SOLICITORS OF RECORD : Surprenant, Magloé, Golmier Avocats Montréal, Quebec For the Appellant William F. Pentney Deputy Attorney General of Canada For the Respondent