Date: 20040225
Docket: DES-3-03
Citation: 2004 FC 338
Ottawa, Ontario, the 25th day of February 2004
Present: THE HONOURABLE MR. JUSTICE SIMON NOËL
BETWEEN:
IN THE MATTER OF a
certificate under subsection 77(1) of the Immigration
and Refugee Protection Act,
S.C. 2001, c. 27 (the IRPA);
IN THE MATTER OF the referral
of this certificate to the Federal Court of Canada
under subsection 77(1) and sections 78
and 80 of the IRPA;
IN THE MATTER OF the warrant for
the arrest and detention as well as the review
of the reasons for the continued detention under
subsections 82(1), 83(1) and 83(3) of the IRPA
AND IN THE MATTER OF
Adil Charkaoui
REASONS FOR ORDER AND ORDER
[1] Adil Charkaoui is seeking, under rule 369 of the Federal Court Rules, 1998 (hereinafter the "Rules"), to stay the proceedings (including the hearing scheduled for the first week of April 2004, to determine whether the certificate is reasonable).
[2] This motion complies with section 79 of the IRPA, because Mr. Charkaoui applied to the Minister for protection pursuant to subsection 112(1) of IRPA.
[3] This application for protection was signed by Mr. Charkaoui on June 13, 2003, and the Ministers informed the Court, in a letter dated February 3, 2004, that it was unlikely that there would be a response to the application before April 5, 2004, the date scheduled to begin the hearing regarding the certificate.
[4] Upon review of section 79 of IRPA, it appears that the undersigned does not have any discretion to exercise once this application to stay the proceedings has been made, even though IRPA obliges the Court to proceed expeditiously (see paragraph 78(c)).
[5] Moreover, Mr. Charkaoui's counsel indicated, by ordinary mail, that Mr. Charkaoui wished to file a motion to disqualify. A direction to proceed as such by way of motion was therefore issued under the Rules by the undersigned.
[6] The dates set aside to address the issue of disqualification remain the same as those for the hearing of this motion. Once this motion and the Ministers' reply on this subject have been filed, a decision will be made regarding the dates to set aside for the hearing on the reasonableness of the certificate, after consultation with counsel.
ORDER
FOR THESE REASONS, THE COURT:
- Allows the proceedings pertaining to the certificate issued by the Ministers against Mr. Charkaoui to be stayed;
- The scheduled dates for the hearing in the week of April 5, 2004 remain.
"Simon Noël"
Judge
Certified true translation
Kelley A. Harvey, BA, BCL, LLB
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: DES-3-03
STYLE OF CAUSE: MCI v. ADIL CHARKAOUI
WRITTEN MOTION CONSIDERED WITHOUT APPEARANCE BY THE PARTIES
REASONS FOR ORDER AND ORDER BY: THE HONOURABLE MR. JUSTICE SIMON NOËL
DATE OF REASONS: FEBRUARY 25, 2004
APPEARANCES:
Johanne Doyon FOR THE APPLICANT
Julius Grey
Luc Cadieux FOR THE RESPONDENT
Daniel Latulippe
SOLICITORS OF RECORD:
Doyon, Morin FOR THE APPLICANT
Montréal, Quebec
Julius Grey
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Ottawa, Ontario