Date: 19980928
Docket: T-1767-98
BETWEEN:
MANSOUR AHANI
Plaintiff
- and-
HER MAJESTY THE QUEEN AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendants
REASONS FOR ORDER
CAMPBELL J. (Orally)
[1] This is an application brought in a new action filed being T-1767-98. The stay issues in this action are the same as in the judicial review file IMM-4204-98, about which Mr. Justice Rothstein made the determination on August 21, 1998 that no irreparable harm exists.
[2] Accordingly, it would not be fair or just to hear this stay application in this action unless I am satisfied there is new evidence, or evidence which Mr. Justice Rothstein did not have before him.
[3] I find that there is credible evidence which was not before Mr. Justice Rothstein, being the transcript of the proceedings before Mr. Justice Denault in file DES-4-93. In particular, the evidence at page 117, being the evidence of senior CSIS officer Kevin, was not before Justice Rothstein. Therefore, I find it is fair and just to hear this stay application today.
[4] Having heard the arguments of counsel, I find that the evidence disclosed at page 117 of the transcript referred to above provides good grounds to find that irreparable harm will come to the applicant if the stay is not granted.
[5] The legal issues in this action are part of a constitutional challenge to provisions of the Immigration Act, and I find that this challenge discloses serious questions to be tried.
[6] I also find that the balance of convenience certainly resides with the Applicant. He has been in custody for five years, awaiting the outcome of these proceedings. There is no suggestion of his release. The harm he will face if sent to Iran far exceeds the harm to the Respondent of his staying in custody pending the determination of these legal issues.
[7] Therefore, I grant a stay of deportation until the legal issues are finally determined in this action.
[8] Given the argument of the Respondent that delay results in prejudice to the Respondent of rights under the statutory provisions impugned in this action, I further direct that, by consent, this action and the judicial review in file IMM-4204-98 be specially managed together, the purpose being to find the earliest possible date for a hearing of both cases to be conducted at the same time. Accordingly, I also direct that an expeditious hearing be
provided on both of these files.
"Douglas Campbell"
Judge
WINNIPEG, MANITOBA
September 28, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: T-1767-98
STYLE OF CAUSE: Mansour Ahani v. Her Majesty the Queen and the Minister of Citizenship and Immigration
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 21, 1998
REASONS FOR ORDER
OF THE COURT: The Honourable Mr. Justice Campbell
DATED: September 28, 1998
APPEARANCES:
Barbara Jackman for the Plaintiff
Donald MacIntosh for the Defendants
Department of Justice
Ontario Regional Office
130 King Street West
Suite 3400, Box 36
Toronto, Ontario
M5X 1K6
SOLICITORS OF RECORD:
Jackman, Waldman & Associates for the Plaintiff
281 Eglinton Ave East
Toronto, Ontario
M4P 1L3
Morris Rosenberg
Deputy Attorney General of Canada for the Defendants
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19980928
Docket: T-1767-98
BETWEEN:
MANSOUR AHANI
Plaintiff
- AND -
HER MAJESTY THE QUEEN AND
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendants
REASONS FOR ORDER