Federal Court of Appeal Decisions

Decision Information

Sungu v. Canada (Public Safety and Emergency Preparedness)

Court (s) Database Federal Court of Appeal Decisions
Date 2011-07-14
Neutral citation 2011 FCA 225
File numbers A-181-11

Decision Content

Federal Court of Appeal

 

Cour d'appel fédérale

Date: 20110714

Docket: A-181-11

Citation: 2011 FCA 225

 

Present:          NOËL J.A.

 

BETWEEN:

ADRIEN DAMBANA SUNGU

Appellant

and

THE MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

Respondent

 

 

 

Dealt with in writing without appearance of parties.

 

Order delivered at Ottawa, Ontario, on July 14, 2011.

 

REASONS FOR ORDER BY:                                                                                           NOËL J.A.

 

Federal Court of Appeal

 

Cour d'appel fédérale

Date: 20110714

Docket: A-181-11

Citation: 2011 FCA 225

 

Present:          NOËL J.A.

 

BETWEEN:

ADRIEN DAMBANA SUNGU

Appellant

and

THE MINISTER OF PUBLIC SAFETY AND

EMERGENCY PREPAREDNESS

Respondent

 

 

REASONS FOR ORDER

NOËL J.A.

[1]               The respondent moves to quash the appeal on the basis that it has became moot and that there is no basis upon which this Court should nevertheless exercise its discretion to hear it. The appellant concedes that the appeal is moot but argues that this case is one of a category of cases that recurs frequently and is evasive of review. As such, the appellant submits that this Court shall exercise its discretion to hear it.

 

[2]               After having considered the motion’s material, I have concluded that the question whether this appeal should be heard despite its mootness should be addressed by the panel scheduled to hear the appeal which will have the benefit of the parties’ respective submissions on the substantive issue.

 

[3]               An order is issued accordingly.

 

 

“Marc Noël”

J.A.

FEDERAL COURT OF APPEAL

 

NAMES OF COUNSEL AND SOLICITORS OF RECORD

 

 

 

DOCKET:                                                                              A-181-11

 

STYLE OF CAUSE:                                                              ADRIEN DAMBANA SUNGU and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS

 

 

MOTION DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES

 

 

REASONS FOR ORDER BY:                                             NOËL J.A.

 

DATED:                                                                                 July 14, 2011

 

 

WRITTEN REPRESENTATIONS BY:

 

 

Aviva Basman

FOR THE APPELLANT

 

Sharon Stewart Guthrie

FOR THE RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Refugee Law office

Toronto, Ontario

 

FOR THE APPELLANT

 

Myles J. Kirvan 

Deputy Attorney General of Canada

FOR THE RESPONDENT

 

 

 

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