Say v. Canada (Solicitor General), 2005 FCA 422

Date: 20051212

Docket: A-296-05

Citation: 2005 FCA 422

CORAM:        DÉCARY J.A.

                        SEXTON J.A.

                        EVANS J.A.

BETWEEN:

CHEA SAY

VOUCH LANG SONG

Appellants

and

THE SOLICITOR GENERAL FOR CANADA

Respondent

Heard at Toronto, Ontario, on December 12, 2005.

Judgment delivered from the Bench at Toronto, Ontario, on December 12, 2005.

REASONS FOR JUDGMENT OF THE COURT BY:                                                    EVANS J.A.

Date: 20051212

Docket: A-296-05

Citation: 2005 FCA 422

CORAM:        DÉCARY J.A.

                        SEXTON J.A.

                        EVANS J.A.

BETWEEN:

CHEA SAY

VOUCH LANG SONG

Appellants

and

THE SOLICITOR GENERAL FOR CANADA

Respondent

REASONS FOR JUDGMENT OF THE COURT

(Delivered from the Bench at Toronto, Ontario, on December 12, 2005)

EVANS J.A.

[1]                This is an appeal from a decision of Justice Gibson of the Federal Court dismissing an application for judicial review by the appellants who had argued that the decision of the pre-removal risk assessment officer should be set aside on the ground that the officer did not have sufficient
institutional independence to satisfy the duty of fairness or the principles of fundamental justice. Justice Gibson certified the following question:

Did the Pre-Removal Risk Assessment Unit, under the Canada Border Services Agency, possess the requisite degree of institutional independence such that natural justice and fundamental justice were respected?

[2]                Justice Gibson's decision is reported as: Say v. Canada (Solicitor General), 2005 FC 739.

[3]                We are not persuaded that Justice Gibson made any error that warrants the intervention of the Court.

[4]                Accordingly, the appeal will be dismissed without costs, and the certified question will be answered in the positive.

"John M. Evans"

FEDERAL COURT OF APPEAL

NAMES OF COUNSEL AND SOLICITORS OF RECORD

DOCKET:                                                       A-296-05

STYLE OF CAUSE:                                       CHEA SAY, VOUCH LANG SONG

Appellants

and

THE SOLICITOR GENERAL OF CANADA

Respondent

PLACE OF HEARING:                                 TORONTO, ONTARIO

DATE OF HEARING:                                   DECEMBER 12, 2005

REASONS FOR JUDGMENT OF

THE COURT BY:                                           (DÉCARY, SEXTON & EVANS JJ.A.)

DELIVERED FROM THE

BENCH BY:                                                    EVANS J.A.

APPEARANCES:

Lorne Waldman                                                FOR THE APPELLANTS

Marie Louise Wcislo

Rhonda Marquis                                                FOR THE RESPONDENT

SOLICITORS OF RECORD:

Waldman and Associates

Toronto, Ontario                                               FOR THE APPELLANTS

John H. Sims Q.C.

Deputy Attorney General of Canada                  FOR THE RESPONDENT