Helm v. Canada (Minister of Citizenship and Immigration), docket IMM-4668-97

Date: 19981216 Docket: IMM-4668-97

BETWEEN:

HERBERT ERIK HELM

Applicant

-and­

THE MINISTER OF CITIZENSHIP AND IMMIGRATION

Respondent

REASONS FOR ORDER

(Delivered from the Bench

at Edmonton, Alberta on Tuesday, December 15, 1998, as edited)

ROTHSTEIN, J.:

[1]         The only issue in this judicial review of a decision by the Minister under subsection 70(5) of the Immigration Act pertains to the fact that a Ministerial Opinion Report was not provided to the applicant. The response that he made, however, indicates that the information contained in the Ministerial Opinion Report was known to the applicant from other documents. The documents are provided to the Minister by her officials should be sent to applicants so that they have the opportunity to respond. In this particular case the

Page: 2

information in the Ministerial Opinion Report was already known to the applicant and he had the opportunity to respond to it. In the circumstances, there was no error of procedural fairness in this case.

[2]         I might say that the facts of this case are somewhat surprising in that there is strong evidence that the applicant would not appear to pose a danger to the public. However, it is not for the Court to substitute its opinion for that of the Minister.    This is not a case in which there is evidence of bad faith, error of law, or taking account of irrelevant considerations justifying the Court to interfere.           The judicial review must be dismissed.

"Marshall E. Rothstein"

Judge

Calgary, Alberta December 16, 1998

FEDERAL COURT OF CANADA

TRIAL DIVISION

Date: 19981215 Docket: IMM-4668-97

BETWEEN:

HERBERT ERIK HELM

Applicant

-and­

THE MINISTER OF CITIZENSHIP Respondent

REASONS FOR ORDER

FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD

COURT FILE NO.:                                                      IMM-4668-97

STYLE OF CAUSE:                                                   Herbert Erik Helm v. The Minister of Citizenship and Immigration

PLACE OF HEARING:                                                 Edmonton, Alberta

DATE OF HEARING:                                                   December 15th, 1998 REASONS FOR ORDER:                                                                                Rothstein, J. APPEARANCES:

John J. Gill

Susan Yake Phillippe                                                  for the Applicant

Lorraine Neill                                                             for the Respondent Department of Justice

SOLICITORS OF RECORD:

McCuaig Desrochers

Edmonton, Alberta                                                    for the Applicant

Morris A. Rosenberg

Deputy Attorney General of Canada                         for the Respondent