Date: 20050217
Docket: DES-3-03
Citation: 2005 FC 258
Ottawa, Ontario, the 17th day of February, 2005
Present: THE HONOURABLE MR. JUSTICE SIMON NOËL
BETWEEN:
IN THE MATTER OF a certificate
pursuant to subsection 77(1) of the
Immigration and Refugee Protection Act,
S.C. 2001, c. 27 (the IRPA),
signed by the Minister of Immigration and
the Solicitor General of Canada (the Ministers);
IN THE MATTER OF the referral
of this certificate to the Federal Court
of Canada pursuant to subsection 77(1)
and sections 78 and 80 of the IRPA;
IN THE MATTER OF the warrant for the
arrest and detention and the review of the
reasons for continued detention pursuant
to subsections 82(1), 83(1) and 83(3) of the IRPA;
AND IN THE MATTER OF a further application
for adjournment by Mr. Adil Charkaoui (Mr. Charkaoui)
of the hearing on the reasonableness of the certificate
REASONS FOR ORDER AND ORDER
INTRODUCTION
[1] One week before the commencement of the peremptorily scheduled hearing on the reasonableness of the certificate, Mr. Charkaoui is seeking an adjournment, the reason being that an (unidentified) Radio-Canada reporter had informed his counsel that an investigation he conducted in Morocco had produced some information and evidence concerning the lawfulness and credibility of the deposition of Mr. Nourredine Nafia that would serve to refute the allegations, but that this information was not available. This is Mr. Charkaoui's sixth request for adjournment.
[2] Having examined the motion, the affidavit in support and the reply by the Ministers, the undersigned finds that the motion is incomplete in that it fails to disclose:
- the name of the reporter;
- the context explaining his involvement in this matter;
- the context explaining the circumstances in which the journalist contacted counsel for Mr. Charkaoui;
- the substance of the information contradicting Mr. Nafia's allegations;
[3] The Court considers the motion to be insufficient and incomplete, in that it gives no understanding of the reason for the request and the possible grounds for an adjournment.
[4] In any event, the Court is of the opinion that the Rules of the Court are available to Mr. Charkaoui, and that they provide some tools for disclosure of the evidence.
[5] The Court has informed counsel for Mr. Charkaoui that an amendment to the list of witnesses would be allowed.
FOR THESE REASONS, THE COURT ORDERS AS FOLLOWS:
- The motion for an adjournment of the hearing scheduled for the week of February 21, 2005, is dismissed.
"Simon Noël"
Judge
Certified true translation
Peter Douglas
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: DES-3-03
STYLE OF CAUSE:
IN THE MATTER OF a certificate
pursuant to subsection 77(1) of the Immigration and Refugee Protection Act,
S.C. 2001, c. 27 (the IRPA), signed by the Minister of Immigration and
the Solicitor General of Canada (the Ministers);
IN THE MATTER OF the referral of this certificate to the Federal Court
of Canada pursuant to subsection 77(1) and sections 78 and 80 of the IRPA;
IN THE MATTER OF the warrant for the arrest and detention
and the review of the reasons for continued detention pursuant
to subsections 82(1), 83(1) and 83(3) of the IRPA;
AND IN THE MATTER OF a further application
for adjournment by Mr. Adil Charkaoui (Mr. Charkaoui)
of the hearing on the reasonableness of the certificate
DATE OF HEARING: MOTION IN WRITING
REASONS: The Honourable Mr. Justice Simon Noël
DATE OF REASONS: February 17, 2005
APPEARANCES:
Daniel Roussy
Luc Cadieux
FOR THE SOLICITOR GENERAL OF CANADA
Daniel Latulippe
FOR THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Dominique Larochelle
Karine Giguère
FOR ADIL CHARKAOUI
John H. Sims
Deputy Attorney General of Canada
FOR THE SOLICITOR GENERAL OF CANADA AND THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Des Lonchamps, Bourassa, Trudeau and Lafrance
Montréal, Quebec
FOR ADIL CHARKAOUI
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