Date: 19981201
Docket: IMM-5328-97
BETWEEN:
KITS LEGAN WHITE
( A.K.A. KITTS LEGAN WHITE )
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered orally from the Bench at Toronto,Ontario on
Friday, November 27, 1998, as edited)
ROTHSTEIN J.
[1] Although the applicant's voluminous material contained a number of arguments, counsel for the applicant in his oral submissions restricted his position to one issue: that the Minister's delegate, in a proceeding under subsection 70(5) of the Immigration Act R.S.C. 1985, c.I-2, erred by not agreeing to defer consideration of whether the applicant was a danger to the public. Applicant's counsel says that the Minister should have awaited the outcome of pending criminal charges, the outcome of civil litigation in which the applicant was involved, and medical assessments of the applicant.
[2] It is not at all obvious why the outcome of pending criminal charges would avail to the applicant's benefit. In any event, counsel advised this Court that the pending charges relating to sexual assault with a weapon resulted in the conviction of the applicant. I cannot see that there was any unfairness to the applicant in the Minister's delegate not agreeing to a deferral pending resolution of the applicant's criminal charges. As to the medical assessment, the evidence before the Minister's delegate was that there had been a number of prior assessments done on the applicant. It appears that the results were mixed. The applicant's father stated to a probation officer that rehabilitation has not produced substantive results for the applicant. The applicant has not demonstrated why there was unfairness in the Minister's delegate refusing to await some future further assessment of the applicant.
[3] Finally, the applicant says the Minister should have deferred her decision pending the outcome of civil litigation. It appears the applicant was involved in a serious motor vehicle accident in 1991 that resulted in brain and other damage to him. The applicant has sought damages as a result of the accident. Applicant's counsel says the Minister's delegate should have awaited the outcome of the civil litigation because if the applicant is successful and receives a substantial award, there will be resources necessary for the supervision of the applicant. Applicant's counsel concedes the applicant should not be allowed to walk the streets freely without supervision, and the results of the civil litigation may result in supervision being provided.
[4] I cannot accept this argument. The duty of the Minister is to determine if the applicant is a danger to the public. That is a present duty. The Minister might decide to defer a decision as to whether someone is a danger to the public pending some further information that is imminent and definite. However, the Minister is acting in the public interest. I do not see how it is in the public interest to defer a decision pending the results of civil litigation which itself is unsure, and for an indefinite period of time. In this case, over one year has elapsed since the request for the deferment and counsel advised this Court that the civil litigation has still not been resolved, even though the accident occurred some 7 years ago.
[5] Whether there is unfairness to the applicant in the civil litigation process is not a matter before me, and I cannot comment on it. However, even if there is such unfairness, that does not make the proceedings under subsection 70(5) unfair. The Minister has a duty under subsection 70(5) to determine if the applicant is a danger to the public and she cannot indefinitely defer that decision if she is to carry out her statutory obligation.
[6] The judicial review is dismissed. Counsel have not asked for certification of a question for appeal.
"Marshall Rothstein"
Judge
TORONTO, ONTARIO
December 1, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-5328-97
| STYLE OF CAUSE: KITS LEGAN WHITE |
( A.K.A. KITTS LEGAN WHITE )
and -
| THE MINISTER OF CITIZENSHIP AND |
IMMIGRATION
DATE OF HEARING: FRIDAY, NOVEMBER 27, 1998
PLACE OF HEARING: TORONTO, ONTARIO
REASONS FOR ORDER BY: ROTHSTEIN, J.
DATED: TUESDAY, DECEMBER 1, 1998
APPEARANCES: Mr. Michael Loebach
For the Applicant
Mr. Jermiah Eastman
For the Respondent
SOLICITORS OF RECORD: Loebach, Corrigan
| Barristers & Solicitors |
| 506-171 Queens Avenue |
| London, Ontario |
| N6A 5J7 |
| For the Applicant |
Morris Rosenberg
Deputy Attorney General
of Canada
For the Respondent
FEDERAL COURT OF CANADA
Date: 19981201
Docket: IMM-5328-97
Between:
| KITS LEGAN WHITE |
( A.K.A. KITTS LEGAN WHITE )
Applicant
- and -
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
REASONS FOR ORDER