Date: 20040308
Docket: DES-3-03
Citation: 2004 FC 354
Ottawa, Ontario, the 8th day of March 2004
Present: THE HONOURABLE MR. JUSTICE SIMON NOËL
BETWEEN:
IN THE MATTER OF a
certificate under subsection 77(1) of the
Immigration and Refugee Protection Act,
S.C. 2001, c. 27 (the IRPA);
IN THE MATTER OF the referral
of this certificate to the Federal Court of Canada
under subsection 77(1) and sections 78 and 80
of the IRPA;
IN THE MATTER OF the warrant for
the arrest and detention and the review of the
reasons for the continued detention
under subsections 82(1), 83(1) and 83(3) of the IRPA.
AND IN THE MATTER OF
Mr. Adil Charkaoui
REASONS FOR ORDER AND ORDER
[1] Following the hearing in relation to the statutory review of the continued detention prescribed in subsection 83(2) of the IRPA, in a judgment dated January 23, 2004, I concluded that Mr. Adil Charkaoui should continue to be detained. The next statutory review is to be held by July 23, 2004, and some dates for the hearing of this review must be set aside before long.
[2] In a letter dated January 31, 2004, Mr. Charkaoui informed the Court that he intended to file a motion for disqualification of the designated judge. The letter further informed the Court that he was seeking a suspension of the hearing on the reasonableness of the certificate, scheduled for the first week in April 2004, since he had applied to the Ministers for protection, pursuant to subsection 112(1) and section 79 of the IRPA.
[3] In a direction dated February 11, 2004, I informed Mr. Charkaoui and his solicitors that the motion for disqualification would have to be filed by March 3, 2004, and that the hearing dates set aside for the first week of April 2004 would remain.
[4] On March 1, 2004, Mr. Charkaoui's counsel asked the Court to be relieved of the obligation to file the motion for disqualification on March 3, 2004, given "[translation] a surfeit of work and unforeseen circumstances", and that there was no urgency in this motion being heard.
[5] The Ministers objected to this request because, they argued, such a motion must be determined without much delay.
[6] On March 2, 2004, an oral direction was issued informing the parties that I was asking Mr. Charkaoui's counsel to file the motion for disqualification no later than March 10, 2004, and that an order would be signed to that effect.
[7] A motion for disqualification is an exceptional proceeding that must be dealt with diligently to allow follow-up to the proceedings and the decisions made in the interest of justice and thereby to ensure the sound administration of justice. In my view it is important that a motion of this nature, which challenges the work of the judge, be dealt with promptly. The party initiating this procedure may not unduly delay the hearing and determination of the motion without having very serious reasons to justify such a request.
[8] Overwork and unforeseen circumstances, the reasons presented, are not reasons that can be characterized as very serious. It is worth reporting that the request was made by a simple letter, and was not conveyed by any written proceeding supported by an affidavit. Moreover, the designated judge must soon set aside, in collaboration with the parties, some dates for the statutory review of the continued detention and this judge may be assigned to review the report concerning the application for protection when it becomes available. Also, Mr. Charkaoui could request the intervention of the designated judge if ever the application for protection report is delayed. Thus, in the interest of the sound administration of justice, it is important that the motion for disqualification be decided shortly.
[9] Therefore, the dates of the first week of April 2004 set aside for the hearing remain at the disposal of the parties and the Court for the presentation of the motion for disqualification.
ORDER
FOR THESE REASONS:
- Mr. Charkaoui and his counsel shall file the motion for disqualification no later than March 10, 2004, and the dates of April 5, 6, 7 and 8, 2004, continue to be set aside for the hearing of the motion for disqualification.
"Simon Noël"
Judge
Certified true translation
Suzanne Gauthier, C.Tr., LL.L.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: DES-3-03
STYLE: MCI v. ADIL CHARKAOUI
REASONS FOR ORDER AND ORDER OF THE HONOURABLE MR. JUSTICE
SIMON NOËL
DATE OF REASONS: MARCH 8, 2004
APPEARANCES:
Johanne Doyon
Julius Grey FOR THE APPLICANT
Luc Cadieux
Daniel Latulippe FOR THE RESPONDENTS
SOLICITORS OF RECORD:
Doyon, Morin
Montréal, Quebec
Julius Grey
Montréal, Quebec FOR THE APPLICANT
Morris Rosenberg
Deputy Attorney General
of Canada
Ottawa, Ontario FOR THE RESPONDENTS
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