Ottawa, Ontario, February 26, 2009
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
and
AND EMERGENCY PREPAREDNESS
REASONS FOR ORDER AND ORDER
[1] This motion seeks relief in the nature of declaration and injunction to obtain a finding that a diplomatic note issued by Malaysia does not contain sufficient assurances against the possibility that Mr. Liew would be tortured and/or executed if found guilty in Malaysia.
[2] The motion arises against the background of a PRRA which is before the Minister and of a Leave for Judicial Review seeking to mandamus ordering the granting of a favourable PRRA decision.
[3] The Court has dismissed the Leave for Judicial Review. The Court notes that the submissions made show good reason for a contempt show cause against the Applicant and counsel regarding the comments directed at Justice Zinn and his decision. This Order is notice to the Applicant and counsel that further comments of a like nature directed against this Court or a judge of this Court could lead to show cause proceedings.
[4] As to the current motion, it is premature. The issue of the Malaysian government’s assurance are before the PRRA officer. The officer is required to issue a decision in a reasonable time. It is only upon receipt of the decision that one would know if the Applicant’s speculation is a reality.
[5] Therefore, this motion is dismissed. As this motion is within the context of an immigration proceeding, no costs will be awarded.
ORDER
THIS COURT ORDERS that the motion is dismissed. No costs are awarded.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-5242-08
STYLE OF CAUSE: TEE MENG LIEW
and
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, PURSUANT TO RULE 369
WRITTEN REPRESENTATIONS BY:
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Mr. Timothy E. Leahy
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Ms. Deborah Drukarsh
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SOLICITORS OF RECORD:
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FOREFRONT MIGRATION LTD. Toronto, Ontario
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MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario |