Date: 20080408
Docket: IMM-1509-08
Citation: 2008 FC 435
Montréal, Quebec, the 8th day of April 2008
Present:
the Honourable Mr. Justice Pinard
BETWEEN:
ANTHONY
SOMIAN
Applicant
and
MINISTER
OF PUBLIC SAFETY AND
EMERGENCY
PREPAREDNESS
Respondent
REASONS FOR ORDER AND ORDER
[1]
After
hearing counsel for the parties and reviewing the evidence, I am not satisfied
that there is a serious question dealing both with the inadequacies of the
reasons given by member Ladouceur and the unreasonableness of his decision. On
the contrary, it seems to me that Mr. Ladouceur gave clear, or at least
implicit, reasons to justify stricter conditions than those imposed by member
Dubé in an earlier decision. It should be noted that the decision in question
was based on an assessment of facts to which great deference should be shown
and that the reasonableness of the decision must be assessed in accordance with
the risk of flight by the applicant and the danger the latter represented to
the public.
[2]
Accordingly,
in the circumstances not only did the applicant fail to establish the existence
of a serious question, he did not succeed, in view of the danger he poses to
public safety, his high risk of committing another offence, the seriousness of
the offences he has committed and the severity of the penalty imposed on him,
in showing that the balance of convenience was in his favour.
[3]
Accordingly,
the stay requested is denied. However, if there is a significant change in the
circumstances it will of course be open to the applicant to appeal again.
ORDER
The applicant’s motion is accordingly dismissed.
“Yvon
Pinard”
Certified
true translation
Brian
McCordick, Translator
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1509-08
STYLE OF CAUSE: ANTHONY
SOMIAN v. MINISTER
OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF HEARING: Montréal,
Quebec
DATE OF HEARING: April 7, 2008
REASONS FOR ORDER
AND ORDER BY: THE HONOURABLE MR. JUSTICE PINARD
DATED: April 8, 2008
APPEARANCES:
|
Marcel Dufour
|
FOR THE APPLICANT
|
|
Lisa Maziade
|
FOR THE RESPONDENT
|
SOLICITORS OF RECORD:
|
Marcel Dufour
Ste-Thérèse, Quebec
|
FOR THE APPLICANT
|
|
John H. Sims, Q.C.
Deputy Attorney General of Canada
Montréal, Quebec
|
FOR THE RESPONDENT
|
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