Date: 20090310
Docket: IMM-2200-08
Citation: 2009 FC 252
Ottawa, Ontario, March 10, 2009
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
JAMES
WAJARAS
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
SUPPLEMENTAL REASONS FOR JUDGMENT
AND JUDGMENT
[1]
Having
reviewed the further submissions from the parties, I am prepared to certify a
question in this proceeding but in a slightly modified form from those
presented by Mr. Matas. I will certify the following question:
Does the Minister of Citizenship and
Immigration engage in an abuse of process in continuing to seek a removal order
where the affected individual has been determined not to be a danger to the
public and, if so, can the Immigration Division decline to make an inadmissibility
determination under section 45 of the Immigration and Refugee Protection Act,
S.C. 2001, c.27 on that basis?
JUDGMENT
THIS COURT ADJUDGES that the following question is certified:
Does the Minister of Citizenship and
Immigration engage in an abuse of process in continuing to seek a removal order
where the affected individual has been determined not to be a danger to the
public and, if so, can the Immigration Division decline to make an
inadmissibility determination under section 45 of the Immigration and
Refugee Protection Act, S.C. 2001, c.27 on that basis?
“ R. L. Barnes ”
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-2200-08
STYLE OF CAUSE: Wajaras
v.
MCI
PLACE OF
HEARING: Winnipeg, MB
DATE OF
HEARING: January 12, 2009
REASONS FOR JUDGMENT
AND JUDGMENT
BY: Mr. Justice Barnes
DATED: March
10, 2009
APPEARANCES:
|
David Matas
(204) 944-1831
Fax: (204)
942-1494
|
FOR THE APPLICANT
|
|
Nalini Reddy
(204) 983-3860
Fax: (204)
984-8495
|
FOR THE RESPONDENT
|
SOLICITORS
OF RECORD:
|
David Matas
Barrister and
Solicitor
Winnipeg, MB
|
FOR THE APPLICANT
|
|
John H. Sims,
Q.C.
Deputy
Attorney General of Canada
|
FOR THE RESPONDENT
|
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