Date: 20080408

Docket: IMM-1509-08

Citation: 2008 FC 435

Montréal, Quebec, the 8th day of April 2008

Present: the Honourable Mr. Justice Pinard

BETWEEN:

ANTHONY SOMIAN

Applicant

and

MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

Respondent

REASONS FOR ORDER AND ORDER

[1]               After hearing counsel for the parties and reviewing the evidence, I am not satisfied that there is a serious question dealing both with the inadequacies of the reasons given by member Ladouceur and the unreasonableness of his decision. On the contrary, it seems to me that Mr. Ladouceur gave clear, or at least implicit, reasons to justify stricter conditions than those imposed by member Dubé in an earlier decision. It should be noted that the decision in question was based on an assessment of facts to which great deference should be shown and that the reasonableness of the decision must be assessed in accordance with the risk of flight by the applicant and the danger the latter represented to the public.

[2]               Accordingly, in the circumstances not only did the applicant fail to establish the existence of a serious question, he did not succeed, in view of the danger he poses to public safety, his high risk of committing another offence, the seriousness of the offences he has committed and the severity of the penalty imposed on him, in showing that the balance of convenience was in his favour.

[3]               Accordingly, the stay requested is denied. However, if there is a significant change in the circumstances it will of course be open to the applicant to appeal again.

ORDER

            The applicant’s motion is accordingly dismissed.

“Yvon Pinard”

Certified true translation

Brian McCordick, Translator

FEDERAL COURT

SOLICITORS OF RECORD

DOCKET:                                          IMM-1509-08

STYLE OF CAUSE:                           ANTHONY SOMIAN v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

PLACE OF HEARING:                    Montréal, Quebec

DATE OF HEARING:                      April 7, 2008

REASONS FOR ORDER

AND ORDER BY:                            THE HONOURABLE MR. JUSTICE PINARD

DATED:                                             April 8, 2008

APPEARANCES:

SOLICITORS OF RECORD: