Supreme Court of Canada

Gould v. Attorney General of Canada, [1984] 2 S.C.R. 124

Date: 1984-09-04

Robert Gould Appellant;

and

The Attorney General of Canada and the Solicitor General of Canada Respondents.

File No.: 18952.

1984: September 4.

Present: Dickson C.J. and Estey, Mclntyre, Wilson and Le Dain JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Injunction—Elections—Right to vote—Prisoner seeking mandatory injunction permitting him to vote in federal election—Injunction refused.

Practice—Order abridging the time normally required for service of process granted—Leave to appeal granted.

APPEAL from a judgment of the Federal Court of Appeal (1984), 1984 5301 (FCA), 54 N.R. 232, setting aside a judgment of the Trial Division, allowing appellant’s interlocutory application for a mandatory injunction. Appeal dismissed.

Fergus J. O’Connor, for the appellant.

Duff Friesen, for the respondents.

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We grant an order abridging the time normally required for service of process in these proceedings.

We grant leave to appeal the decision of the Federal Court of Appeal rendered August 31, 1984.

In our view, however, this appeal fails. We generally share the views expressed by Mr. Justice Mahoney speaking for the majority of the Federal Court of Appeal. The appeal is accordingly dismissed.

Judgment accordingly.

Solicitor for the appellant: Fergus J. O’Connor, Kingston.

Solicitor for the respondents: R. Tassé, Ottawa.