Federal Court Decisions

Decision Information

Wajaras v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2009-03-10
Neutral citation 2009 FC 252
File numbers IMM-2200-08

Decision Content

 

Date: 20090310

Docket: IMM-2200-08

Citation: 2009 FC 252

Ottawa, Ontario, March 10, 2009

PRESENT:     The Honourable Mr. Justice Barnes

 

 

BETWEEN:

JAMES WAJARAS

Applicant

and

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

Respondent

 

SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT

 

[1]               Having reviewed the further submissions from the parties, I am prepared to certify a question in this proceeding but in a slightly modified form from those presented by Mr. Matas.  I will certify the following question:

Does the Minister of Citizenship and Immigration engage in an abuse of process in continuing to seek a removal order where the affected individual has been determined not to be a danger to the public and, if so, can the Immigration Division decline to make an inadmissibility determination under section 45 of the Immigration and Refugee Protection Act, S.C. 2001, c.27 on that basis?

 

 

 

JUDGMENT

 

            THIS COURT ADJUDGES that the following question is certified:

Does the Minister of Citizenship and Immigration engage in an abuse of process in continuing to seek a removal order where the affected individual has been determined not to be a danger to the public and, if so, can the Immigration Division decline to make an inadmissibility determination under section 45 of the Immigration and Refugee Protection Act, S.C. 2001, c.27 on that basis?

 

 

 

 

“ R. L. Barnes ”

Judge

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

 

DOCKET:                                          IMM-2200-08

 

STYLE OF CAUSE:                          Wajaras

                                                            v.

                                                            MCI

 

 

PLACE OF HEARING:                    Winnipeg, MB

 

DATE OF HEARING:                      January 12, 2009

 

REASONS FOR JUDGMENT

AND JUDGMENT BY:                    Mr. Justice Barnes

 

DATED:                                             March 10, 2009

 

 

APPEARANCES:

 

David Matas

(204) 944-1831

Fax: (204) 942-1494

 

FOR THE APPLICANT

Nalini Reddy

(204) 983-3860

Fax: (204) 984-8495

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

David Matas

Barrister and Solicitor

Winnipeg, MB

 

FOR THE APPLICANT

John H. Sims, Q.C.

Deputy Attorney General of Canada

 

FOR THE RESPONDENT

 

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