Date: 20170228
Docket: IMM-868-17
Citation:
2017 FC 249
Vancouver, British Columbia, February 28, 2017
PRESENT: THE
CHIEF JUSTICE
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BETWEEN:
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THE MINISTER OF
PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
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Applicant
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and
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AITIZAZ-UD-DIN
SYED
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Respondent
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ORDER AND REASONS
[1]
In this Motion, the Minister seeks a stay of Mr. Syed’s
release from detention. That release was ordered by Member Rempel of the
Immigration Division of the Immigration and Refugee Board of Canada [the Board],
on February 23, 2017.
[2]
Later that day, Justice Simon Noël ordered an
interim stay of that release from detention, until this Court could consider
the Minister’s motion on the basis of a more fulsome record today.
[3]
Among other things, Justice Noël ordered that a
transcript of the hearing before Member Rempel and his decision be delivered to
the Court and to the parties before today’s hearing.
[4]
However, that transcript did not arrive in time
for it to be fully reviewed by the parties or the Court prior to the hearing.
[5]
Accordingly, counsel to Mr. Syed was not in
a position to file his Motion Record prior to the hearing, as ordered by
Justice Noël.
[6]
Mr. Syed’s counsel also informed the Court
that Mr. Syed is more concerned about the possibility of remaining in
detention if his removal from Canada, which is scheduled to occur at
approximately 10:00 a.m. on Thursday, March 2, 2017, does not take place, than
he is about remaining in detention until that scheduled removal.
[7]
The Court was therefore informed that Mr. Syed
is prepared to consent to an extension of the interim stay until the earlier of
his scheduled removal or a hearing of this Motion, which will occur on Friday,
March 3, 2017, if that removal does not occur.
[8]
Given the foregoing, the Court will extend the
interim stay of Mr. Syed’s release from detention on the terms to which he
has consented.
ORDER
THIS COURT ORDERS that:
1.
The Order of the Board, dated February 23, 2017,
releasing Mr. Syed from detention is stayed until the earlier of his
scheduled removal from Canada on Thursday, March 2, 2017, or the hearing of
this Motion, which will occur on Friday, March 3, 2017, if that removal does
not occur.
2.
If Mr. Syed is not removed from Canada
before 3:00 p.m. on Thursday, March 2, 2017, his counsel shall file a
motion record no later than 4:30 p.m. that day.
3.
If Mr. Syed has not been removed from
Canada on Thursday, March 2, 2017, the hearing of this Motion shall take place
at 9:30 a.m. on Friday, March 3, 2017.
4.
For greater certainty, if Mr. Syed is not
removed from Canada on Thursday, March 2, 2017, he shall remain in detention
until the hearing of this Motion, as set forth immediately above.
5.
The Court recognizes that the flight upon which
Mr. Syed is currently scheduled to be removed may be delayed to a later
time on Thursday, March 2, 2017. Any such delay shall not have any impact on
the operation of this Order.
“Paul S. Crampton”
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