Date: 20010514
Docket: IMM-2311-01
Neutral citation: 2001 FCT 482
Between:
LAWRENCE DOMINIC
Plaintiff
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
[1] This is an application to stay the execution of a removal order made against the plaintiff.
[2] The stay was requested pending the hearing by this Court of a mandamus application to compel the defendant to make a decision on an application for a ministerial exemption on humanitarian grounds.
[3] The decision was rendered on Friday, May 11, 2001 and the reasons are now filed by consent.
[4] Despite the amendment made to the motion as of this date, it seems clear that the application for judicial review is now moot since the decision has been rendered.
[5] The latest application for a declaratory judgment was worded as follows:
[TRANSLATION]
Application for declaratory judgment asking this Court to declare that the deportation of the plaintiff before his application for a ministerial exemption on humanitarian grounds pursuant to s. 114(2) Immigration Act is heard on the merits is unconstitutional in view of s. 7 of the Canadian Charter of Rights and Freedoms.
[6] The latter has accordingly also become moot since the application under s. 114(2) has been given its answer.
[7] This application for leave and for judicial review therefore has no chance of succeeding.
[8] Accordingly, I consider that there is no serious issue to be tried.
[9] The plaintiff did not persuade the Court that he risked irreparable harm if he was deported to the U.S., and the balance of convenience is in favour of the defendant, which must proceed to carry out the removal order as soon as circumstances permit (s. 48 of the Immigration Act).
[10] The application for a stay is accordingly dismissed.
Pierre Blais
Judge
Montréal, Quebec
May 14, 2001
Certified true translation
Suzanne M. Gauthier, trad. a., LL.L.
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20010514
Docket: IMM-2311-01
Between:
LAWRENCE DOMINIC
Plaintiff
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
ORDER AND
REASONS FOR ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: IMM-2311-01
STYLE OF CAUSE: LAWRENCE DOMINIC
Plaintiff
AND
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: May 14, 2001
ORDER AND REASONS FOR ORDER BY: BLAIS J.
DATED: May 14, 2001
APPEARANCES:
|
Mario Blanchard |
FOR THE PLAINTIFF |
|
Steve Bell |
FOR THE DEFENDANT |
SOLICITORS OF RECORD:
|
Centre professionnel du Grand Montréal Montréal, Quebec |
FOR THE PLAINTIFF |
|
Morris Rosenberg Deputy Attorney General of Canada Montréal, Quebec |
FOR THE DEFENDANT |