Docket: A-211-13
Citation: 2014 FCA 38
CORAM: NOËL J.A.
MAINVILLE J.A.
WEBB J.A.
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BETWEEN:
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ION A. BEZA
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Appellant
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and
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JOHN BAIRD, CANADIAN MINISTER OF FOREIGN AFFAIRS
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Respondent
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Heard
at Vancouver, British Columbia, on February
10, 2014.
Judgment
delivered at Vancouver, British Columbia, on February 14, 2014.
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REASONS FOR JUDGMENT BY :
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MAINVILLE J.A.
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CONCURRED BY :
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NOëL
J.A.
WEBB
J.A.
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Docket: A-211-13
Citation: 2014 FCA 38
CORAM: NOËL J.A.
MAINVILLE J.A.
WEBB J.A.
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BETWEEN:
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ION A. BEZA
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Appellant
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and
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JOHN BAIRD, CANADIAN MINISTER OF FOREIGN AFFAIRS
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Respondent
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REASONS
FOR JUDGMENT
MAINVILLE J.A.
[1]
This is an appeal from an order of Manson J. which dismissed the
appellant's statement of claim seeking damages from the Minister of Foreign
Affairs (“Minister”) for failure to provide appropriate consular services when
he was detained by American Immigration authorities for exceeding his authorized
stay in the United States of America (“United States”).
[2]
After being deported from the United States to Canada, the appellant commenced an action in the Federal Court seeking monetary compensation against
the Minister for notably failing to prevent his deportation and failing to
advance money to him so that he could remove himself voluntarily from the United States.
[3]
Without deciding whether, in appropriate circumstances, the failure to
provide consular services could support a claim for damages against the federal
Crown, the appellant's statement of claim in this case discloses no cause of
action. As found by Mason J. at para. 2 of his order, the appellant's statement
of claim fails to raise any material fact to support the alleged rights or
obligations asserted against the Minister. I can identify no error with this
finding.
[4]
The appeal should consequently be dismissed. There should be no order as
to costs in this appeal.
"Robert M. Mainville"
“I agree
Marc Noël J.A.”
“I agree
Wyman W. Webb J.A.”
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
Docket:
A-211-13
(APPEAL FROM AN ORDER OF THE HONOURABLE
MR. JUSTICE MANSON OF THE FEDERAL COURT DATED MAY 2, 2013, DOCKET NO. T-376-13.)
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STYLE OF CAUSE:
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ION A. BEZA v. JOHN BAIRD, CANADIAN MINISTER OF
FOREIGN AFFAIRS
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PLACE OF HEARING:
Vancouver, British Columbia
DATE OF HEARING:
February
10, 2014
REASONS FOR
JUDGMENT BY:
MAINVILLE
J.A.
CONCURRED IN BY:
NOËL J.A.
WEBB J.A.
DATED:
February
14, 2014
APPEARANCES:
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Ion A. Beza
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ON HIS OWN BEHALF
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Oliver Pulleyblank
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For The Respondent
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SOLICITORS OF RECORD:
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William F. Pentney
Deputy Attorney General of Canada
Ottawa, Ontario
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For The Respondent
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