Ottawa, Ontario, March 10, 2009
PRESENT: The Honourable Mr. Justice Barnes
BETWEEN:
and
AND IMMIGRATION
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 ”
Judge
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
AND JUDGMENT BY: Mr. Justice Barnes
APPEARANCES:
David Matas (204) 944-1831 Fax: (204) 942-1494
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Nalini Reddy (204) 983-3860 Fax: (204) 984-8495
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SOLICITORS OF RECORD:
David Matas Barrister and Solicitor Winnipeg, MB
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John H. Sims, Q.C. Deputy Attorney General of Canada
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