Federal Court Decisions

Decision Information

Baba Walisi v. Canada (Citizenship and Immigration)

Court (s) Database Federal Court Decisions
Date 2012-05-02
Neutral citation 2012 FC 514
File numbers IMM-4025-12

Decision Content

 

Date: 20120502

Docket: IMM-4025-12

Citation: 2012 FC 514

[UNREVISED ENGLISH CERTIFIED TRANSLATION]

Ottawa, Ontario, May 2, 2012

PRESENT: The Honourable Mr. Justice Shore

 

BETWEEN:

 

JOSIANE ESTELLE BABA WALISI

 

 

 

Applicant

 

and

 

 

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

 

 

Respondent

 

 

 

 

 

           REASONS FOR ORDER AND ORDER

 

[1]               A motion for a stay of removal is an application for relief of a discretionary nature. An applicant has an obligation to appear before the Court with clean hands.

 

[2]               Following a search by the authorities of the applicant’s computer and an analysis of the data, it was discovered that the applicant had searched the internet for ways to kill a person by poisoning.

 

[3]               The applicant used Dilaudid, a derivative of morphine, which she allegedly administered to a child.

 

[4]               The applicant later pleaded guilty to the charge of attempted murder of her 18-month-old stepdaughter. Currently, specialists are unable to determine the seriousness of the harm that was caused to the child.

 

[5]               The applicant was found guilty of attempted murder under paragraph 239(1)(b) of the Criminal Code of Canada.

 

[6]               As a result of her actions, the Court has determined that the motion cannot be heard, in keeping with what the Federal Court of Appeal held in Canada (Minister of Citizenship and Immigration) v Thanabalasingham, 2006 FCA 14:

[9]        ... Rather, the case law suggests that, if satisfied that an applicant has lied, or is otherwise guilty of misconduct, a reviewing court may dismiss the application without proceeding to determine the merits or, even though having found reviewable error, decline to grant relief.

 

[7]               Therefore, the applicant’s motion for a stay of the removal order against her is dismissed.

 

ORDER

 

THE COURT ORDERS that the motion for a stay of the removal order made against the applicant be dismissed.

 

 

“Michel M.J. Shore”

Judge

 

 

 

 

 

 

Certified true translation

Sebastian Desbarats, Translator

 

FEDERAL COURT

 

SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-4025-12

 

STYLE OF CAUSE:                          JOSIANE ESTELLE BABA WALISI

v THE MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO PURSUANT TO RULE 369

 

 

REASONS FOR ORDER AND

ORDER:                                            SHORE J.

 

DATED:                                             May 2, 2012

 

 

 

WRITTEN REPRESENTATIONS BY:

 

Ibrahima Dabo

 

FOR THE APPLICANT

 

Michel Pépin

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Ibrahima Dabo, Attorney

Québec, Quebec

FOR THE APPLICANT

 

 

Myles J. Kirvan

Deputy Attorney General of Canada

Montréal, Quebec

FOR THE RESPONDENT

 

 

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