Date: 20010228
Docket: A-818-99
Montréal, Quebec, Wednesday, February 28, 2001
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
NICOLAS BARLETTA
Appellant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
J U D G M E N T
As the issue and the certified question have become moot and of no practical significance, the appeal is dismissed with costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
Date: 20010228
Docket: A-818-99
Neutral reference: 2001 FCA 44
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
NICOLAS BARLETTA
Appellant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
Hearing held at Montréal, Quebec
on Wednesday, February 28, 2001
Judgment from the bench at Montréal, Quebec
on Wednesday, February 28, 2001
REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A.
Date: 20010228
Docket: A-818-99
Neutral reference: 2001 FCA 44
Coram: DESJARDINS J.A.
LÉTOURNEAU J.A.
NOËL J.A.
Between:
NICOLAS BARLETTA
Appellant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the bench at Montreal, Quebec
on Wednesday, February 28, 2001)
LÉTOURNEAU J.A.
[1] By an order made on December 2, 1999 Teitelbaum J. of the Trial Division certified the following question:
[TRANSLATION]
Can the Appeal Division of the Immigration and Refugee Board, at the request of a permanent resident who has been the subject of a notice by the Minister that he constitutes a danger to the Canadian public, declare that in view of s. 15 of the Charter of Rights and Freedoms s. 70(5) of the Canadian Immigration Act is invalid as to him?
[2] This appeal upheld the decision by the Immigration and Refugee Board Appeal Division which on January 6, 1999 found that it lacked jurisdiction to hear a challenge to the constitutional validity of s. 70(5) of the Immigration Act, R.S.C. 1985, c. I-2, as amended, based on s. 15 of the Charter, since the appellant had been the subject of a notice by the Minister of Citizenship and Immigration informing him that he was a danger to the Canadian public.
[3] As this Court held in Moffat v. Minister of Citizenship and Immigration, A-679-97, on April 7, 2000 that s. 70(5) did not infringe s. 15 of the Charter of Rights and Freedoms, the certified question and the issue have become moot and of no practical significance.
[4] The appeal will be dismissed with costs.
Certified true translation
Suzanne M. Gauthier, LL.L. Trad. a.
FEDERAL COURT OF CANADA
APPEAL DIVISION
Date: 20010228
Docket: A-818-99
Between:
NICOLAS BARLETTA
Appellant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
FEDERAL COURT OF CANADA
APPEAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
FILE: A-818-99
Appeal from Trial Division judgment on December 2, 1999 in case IMM-742-99
STYLE OF CAUSE: NICOLAS BARLETTA
Appellant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: February 28, 2001
REASONS FOR JUDGMENT: Létourneau J.A.
DATED: February 28, 2001
APPEARANCES:
Daniel Paquin FOR THE APPELLANT
Claude Provencher FOR THE RESPONDENT
SOLICITORS OF RECORD:
Alarie, Legault, Beauchemin FOR THE APPELLANT
Montréal, Quebec
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada
Montréal, Quebec
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