Date: 20060919
Docket: T-1782-05
Citation: 2006
FC 1116
Ottawa, Ontario, September 19, 2006
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
HASSAN
S. NAZARALI
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
(Order delivered orally September 7,
2006)
[1]
The
Applicant (Nazarali) was ordered by Justice Shore, on May 18, 2006, to appear
before this Court on Tuesday, May 23, 2006 at 9:30 a.m., having been refused an
adjournment of his citizenship appeal.
[2]
Nazarali
failed to appear at his appeal and Mr. Justice
Shore dismissed his appeal with costs.
[3]
Justice Shore found, by Order of May 24, 2006, that
the failure to appear on May 23, 2006 was prima facie contempt of Court
and issued a Show Cause Order for the Applicant to appear on May 29, 2006, to
show cause why he should not be found in contempt.
[4]
Nazarali
attempted to secure an adjournment of the Show Cause which, on May 26, 2006,
was refused by Justice Gauthier who further ordered that the Applicant present
himself before Court on May 29, 2006.
[5]
Nazarali
failed to appear in Court on May 29, 2006 and a Warrant for Arrest was issued
by me as the presiding judge.
[6]
On
September 7, 2006, Nazarali was arrested in Toronto and brought to Court, where I was sitting.
[7]
Nazarali
was offered time to secure legal counsel. He waived his right to counsel,
indicated his intention to proceed and to explain why he did not comply with
the Court’s Orders to appear.
[8]
It was
Nazarali’s position that the Court had no jurisdiction to issue a Show Cause
because there are no monetary issues involved. He further testified that in any
event he did not intend to appear because he planned to be “out of town” at the
time.
[9]
In view of
the Applicant’s explanation, there is clear contempt of Justices Shore’s and Gauthier’s
Orders. There is no need for monetary issues to be present before a Contempt
Show Cause Order may be issued.
[10]
The
Respondent asked that a restriction be placed on the Applicant in regard to
commencing further proceedings in respect of his citizenship matter because of the
history of difficulties, including motions, adjournments and correspondence,
caused by the Applicant in challenging the citizenship proceedings.
[11]
In view of
the Applicant’s past dealings in respect of his citizenship matters including
his admitted contempt of the Orders of two judges of this Court, some
restriction on his ability to bring proceedings is a reasonable alternative to
either a fine or immediate imprisonment.
ORDER
THIS COURT ADJUDGES AND ORDERS
THAT:
1. Hassan
S. Nazarali is found in contempt of the Orders of Justice Shore of May 18, 2006
and May 24, 2006 and that of Justice Gauthier of May 26, 2006;
2. Hassan
S. Nazarali is sentenced to a term of imprisonment for a period of seven (7)
days, which imprisonment is suspended on condition that he not breach any Order
of the Federal Court including this Order;
3. In
accordance with section 40 of the Federal Courts Act, no further
proceedings be instituted by the Applicant in respect of his citizenship
matters except with leave of the Court; and
4. The
Applicant is released from custody.
“Michael
L. Phelan”
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