Bruzzese v. Canada (Public Safety and Emergency Preparedness), 2016 FC 1200

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Text of decision

Date: 20161031

Docket: IMM-3296-15

Ottawa, Ontario, October 31, 2016

PRESENT: The Honourable Mr. Justice Barnes

BETWEEN:

CARMELO BRUZZESE

Applicant

and

MINISTER OF PUBLIC SAFETY &

EMERGENCY PREPAREDNESS, and

MINISTER OF CITIZENSHIP

& IMMIGRATION

Respondents

SUPPLEMENTARY JUDGMENT AND REASONS

UPON having invited the parties to propose a certified question at the close of argument;

AND UPON receiving submissions from the parties concerning a possible certified question in this proceeding;

AND UPON determining that it is appropriate to certify a question on the issue of the Applicant’s compellability as a witness before the Board;

THIS COURT ORDERS THAT the following question is certified:

Was the Applicant a compellable witness and did the Board breach his right to a fair hearing by requiring him to testify?

"R.L. Barnes"

Judge

FEDERAL COURT

SOLICITORS OF RECORD

	Docket:	IMM-3296-15
STYLE OF CAUSE:		CARMELO BRUZZESE v MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS, and MINISTER OF CITIZENSHIP & IMMIGRATION
PLACE OF HEARING:		Toronto, ON
DATE OF HEARING:		April 25, 2016
SUPPLEMENTARY JUDGMENT and REASONS:		BARNES J.
DATED:		OCTOBER 31, 2016

APPEARANCES:

Ms. Barbara Jackman

For The Applicant

Mr. Martin Anderson

Ms. Ildiko Erdei

For The RespondentS

SOLICITORS OF RECORD:

Jackman, Nazami & Associates

Toronto, ON

For The Applicant

William F. Pentney

Deputy Attorney General of Canada

Toronto, ON

For The RespondentS