Docket: IMM-5051-15
Citation: 2016 FC 633
Ottawa, Ontario,
June 7, 2016
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
AYRES, VANESSIAH
AYRES, REBECCA
DURGANS, ANTHONY
Applicants
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
ORDER
UPON MOTION in
writing dated March 23, 2016, from the Applicants pursuant to Rule 369 of
the Federal Courts Rules requesting an order that a judge of this Court
manage the Applicants’ Canada Border Services Agency [CBSA] case file instead
of the CBSA;
UPON reading the motion
record filed by the Applicants and the motion record in response filed on
behalf of the Respondent;
UPON CONSIDERING that the
Federal Court is a court established by an Act of Parliament under section 101
of the Constitution Act, 1867 (UK), 30 & 31 Vict, c 3; thus, as a
statutory court, the Federal Court of Canada has no jurisdiction except that
assigned to it by statute (Ordon Estate v Grail, [1998] 3 S.C.R. 437 at p 474);
UPON CONSIDERING that
paragraph 4(2)(b) of the Immigration and Refugee Protection Act,
SC 2001, c 27 [IRPA], specifically grants to the Minister of Public Safety and
Emergency Preparedness the enforcement of the IRPA, including arrest, detention
and removal;
UPON CONSIDERING that it
is essential for the judicial branch to show proper deference to the executive
and legislative branches:
Our democratic government consists of
several branches: the Crown, as represented by the Governor General and the
provincial counterparts of that office; the legislative body; the executive;
and the courts. It is fundamental to the working of government as a whole that
all these parts play their proper role. It is equally fundamental that no one
of them overstep its bounds, that each show proper deference for the legitimate
sphere of activity of the other.
(New
Brunswick Broadcasting Co. v. Nova Scotia (Speaker of the House of Assembly),
[1993] 1 S.C.R. 319, at p. 389)
THIS
COURT ORDERS that the motion be dismissed. While
the Respondent has requested costs, the Court will exercise its discretion not
to award them in the circumstances.
(Reference
is made to a second order bearing the same file number).
“Michel M.J. Shore”
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