Date: 20000118
Docket: IMM-4576-98
Ottawa, Ontario, the 18th day of January 2000
PRESENT: THE HONOURABLE MADAME JUSTICE SHARLOW
BETWEEN:
RICARDO PABLO RABANG, MARIA DORIE RABANG
and PATRICK RABANG by his Litigation
Guardian, RICARDO PABLO RABANG
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER & REASONS FOR ORDER
I. On November 29, 1999 I issued an order
allowing this application for judicial review. I was subsequently reminded by counsel for the Minister that I had indicated that I would give the parties time to make a submission on a certified question. I advised both counsel that they could make submissions and, if I considered a certified question to be appropriate, I would issue an amended order. Those submissions have now been received, and I have considered them.
[2] The basis of my order was that I was presented with no evidence, either in the tribunal record, the medical record, or in an affidavit, that was capable of providing an evidentiary basis for the opinion of the medical officer on the question of the availability, scarcity or cost of publicly funded health or social services that the applicant Patrick Rabang would require if admitted to Canada.
[3] Counsel for the Minister argues that this represents a new approach to the determination of the reasonableness of the opinions of medical officers on those questions. Counsel for the applicants argues that this is not a new approach but simply an application of well established principles derived from a large number of cases.
[4] I agree with counsel for the applicants. It is trite law that a decision may be quashed on judicial review if the court is unable to find that the opinion had an evidentiary foundation. No question will be certified in this case. The order will not be amended.
Karen R. Sharlow
Judge