Case information
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34470
Rachidi Ekanza Ezokola v. Minister of Citizenship and Immigration
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2014-02-10 | Appeal closed | |
| 2014-02-10 | Certificate of taxation issued to, Annick Legault | |
| 2014-02-10 | Decision on the bill of costs, in the amount of $31,640.56, DeRg | |
| 2014-02-10 | Submission of the bill of costs, DeRg | |
| 2013-12-10 | Reply to the bill of costs, Completed on: 2013-12-10 | Rachidi Ekanza Ezokola |
| 2013-12-09 | Response to the bill of costs, Completed on: 2013-12-09 | Minister of Citizenship and Immigration |
| 2013-11-29 | Bill of costs, Completed on: 2013-11-29 | Rachidi Ekanza Ezokola |
| 2013-07-22 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2013-07-22 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2013-07-19 |
Judgment on the appeal rendered, CJ LeB F Abe Ro Cro Mo Ka Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-281-10, 2011 FCA 224, dated July 15, 2011, heard on January 17, 2013, is allowed with costs throughout. The matter is remitted to the Refugee Protection Division of the Immigration and Refugee Board for redetermination in accordance with these reasons. Allowed, costs in this Court and courts below |
|
| 2013-01-29 | Transcript received, (149 pages) | |
| 2013-01-17 | Judgment reserved OR rendered with reasons to follow | |
| 2013-01-17 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Canadian Council for Refugees |
| 2013-01-17 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2013-01-17 | Respondent's condensed book, (Book Form), Submitted in Court - 2 volumes (14 copies) | Minister of Citizenship and Immigration |
| 2013-01-17 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Rachidi Ekanza Ezokola |
| 2013-01-17 | Acknowledgement and consent for video taping of proceedings, From all parties | |
| 2013-01-17 |
Hearing of the appeal, 2013-01-17, CJ LeB F Abe Ro Cro Mo Ka Wa Judgment reserved |
|
| 2013-01-16 | Correspondence received from, 2 reserved seats requested | Canadian Council for Refugees |
| 2013-01-16 | Correspondence received from, 3 reserved seats requested | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2013-01-14 | Correspondence received from, 6 reserved seats requested | Canadian Association of Refugee Lawyers |
| 2013-01-11 | Correspondence received from, 8 reserved seats requested | United Nations High Commissioner for Refugees |
| 2013-01-11 | Correspondence received from, 9 additional reserved seats requested | Minister of Citizenship and Immigration |
| 2013-01-11 | Notice of appearance, Michael Bossin, Chantal Tie and Laila Demirdache will be present aqt the hearing. | Amnesty International |
| 2013-01-09 | Notice of appearance, Sukanya Pillay will be appearing | Canadian Civil Liberties Association |
| 2013-01-08 | Correspondence received from, Catherine Dauvergne re: confirming counsel sheet | Canadian Council for Refugees |
| 2013-01-08 | Notice of appearance, Jennifer Bond, Carole Simone Dahan, Aviva Basman and Andrew Brouwer will be present at the hearing. | Canadian Association of Refugee Lawyers |
| 2013-01-07 | Reply factum on appeal, As per the Order of Justice Karakatsanis dated October 25, 2012. (Sent to the Court on January 8, 2013), Completed on: 2013-01-07 | Minister of Citizenship and Immigration |
| 2013-01-07 | Notice of appearance, Lorne Waldman, Tara McElroy, Jacqueline Swaisland and Kylie Buday will be present at the hearing. | United Nations High Commissioner for Refugees |
| 2013-01-04 | Notice of appearance, John Terry, Sarah Shody and Renu Mandhane will be present at the hearing. | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2013-01-04 | Notice of appearance, Catherine Dauvergne, Angus Grant and Pia Zambelli will be present at the hearing. | Canadian Council for Refugees |
| 2013-01-03 |
Order by, Ka, FURTHER TO THE ORDER dated October 25, 2012, granting leave to intervene to the United Nations High Commissioner for Refugees, Amnesty International, the Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law, the Canadian Council for Refugees, the Canadian Civil Liberties Association and the Canadian Association of Refugee Lawyers; IT IS HEREBY FURTHER ORDERED THAT the six groups of interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted, no order as to costs |
|
| 2013-01-03 | Notice of appearance, Jared Will, Annick Legault and Peter Shams will be present at the hearing. | Rachidi Ekanza Ezokola |
| 2012-12-20 | Intervener's book of authorities, Completed on: 2012-12-20 | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2012-12-20 | Intervener's factum, CD missing - Rec'd on January 4, 2013, Completed on: 2013-01-04 | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2012-12-20 | Intervener's book of authorities, Completed on: 2012-12-20 | Canadian Civil Liberties Association |
| 2012-12-20 | Intervener's factum, Completed on: 2012-12-20 | Canadian Civil Liberties Association |
| 2012-12-20 | Intervener's book of authorities, (3 volumes), Completed on: 2012-12-20 | Amnesty International |
| 2012-12-20 | Intervener's factum, Completed on: 2012-12-20 | Amnesty International |
| 2012-12-20 | Intervener's book of authorities, Completed on: 2012-12-20 | Canadian Association of Refugee Lawyers |
| 2012-12-20 | Intervener's factum, Completed on: 2012-12-20 | Canadian Association of Refugee Lawyers |
| 2012-12-20 | Intervener's book of authorities, Completed on: 2012-12-20 | United Nations High Commissioner for Refugees |
| 2012-12-20 | Intervener's factum, Completed on: 2012-12-20 | United Nations High Commissioner for Refugees |
| 2012-12-20 | Intervener's book of authorities, Completed on: 2012-12-20 | Canadian Council for Refugees |
| 2012-12-20 | Intervener's factum, Completed on: 2012-12-20 | Canadian Council for Refugees |
| 2012-12-20 | Notice of appearance, Ginette Gobeil and François Joyal will be present at the hearing. | Minister of Citizenship and Immigration |
| 2012-12-20 | Correspondence received from, 8 reserved seats requested | Minister of Citizenship and Immigration |
| 2012-12-03 | Notice of hearing sent to parties | |
| 2012-11-22 |
Appeal hearing scheduled, 2013-01-17 Judgment reserved |
|
| 2012-11-15 | Order on motion to file a reply factum on appeal, (by KARAKATSANIS J.) | |
| 2012-11-15 |
Decision on the motion to file a reply factum on appeal, Ka, UPON APPLICATION by the appellant for an order permitting the filing of a reply factum not exceeding 10 pages; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is dismissed without prejudice to bringing a motion for same following the service and filing of the Respondent’s Reply Factum Dismissed |
|
| 2012-11-15 | Submission of motion to file a reply factum on appeal, Ka | |
| 2012-11-05 | Response to motion to file a reply factum on appeal, (Letter Form), from Ginette Gobeil dated Nov. 5/12, Completed on: 2012-11-05 | Minister of Citizenship and Immigration |
| 2012-11-01 | Motion to file a reply factum on appeal, (Book Form), Completed on: 2012-11-01 | Rachidi Ekanza Ezokola |
| 2012-10-30 | Appeal perfected for hearing | |
| 2012-10-25 | Order on motion for leave to intervene, (BY KARAKATSANIS J.) | |
| 2012-10-25 |
Decision on the motion for leave to intervene, Ka, UPON APPLICATIONS by the United Nations High Commissioner for Refugees, Amnesty International, the Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law, the Canadian Council for Refugees, the Canadian Civil Liberties Association and the Canadian Association of Refugee Lawyers for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the United Nations High Commissioner for Refugees, Amnesty International, the Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law, the Canadian Council for Refugees, the Canadian Civil Liberties Association and the Canadian Association of Refugee Lawyers are granted and the said six groups of interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before December 20, 2012. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. AND IT IS HEREBY FURTHER ORDERED THAT the respondent may serve and file a single reply factum to the interventions not to exceed 10 pages in length on or before January 7, 2013. Granted |
|
| 2012-10-25 | Submission of motion for leave to intervene, Ka | |
| 2012-10-11 | Respondent's book of authorities, (6 volumes), Completed on: 2012-10-11 | Minister of Citizenship and Immigration |
| 2012-10-11 | Respondent's factum, Completed on: 2012-10-11 | Minister of Citizenship and Immigration |
| 2012-09-27 | Reply to the motion for leave to intervene, (Letter Form), from John Terry dated September 27/12, Completed on: 2012-09-27 | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2012-09-27 | Reply to the motion for leave to intervene, (Letter Form), from Catherine Dauvergne dated September 27/12, Completed on: 2012-09-27 | Canadian Council for Refugees |
| 2012-09-27 | Reply to the motion for leave to intervene, (Letter Form), from Michael Bossin dated September 27/12, Completed on: 2012-09-27 | Amnesty International |
| 2012-09-25 | Reply to the motion for leave to intervene, (Letter Form), from Sukanya Pillay re: reply to response on motion for leave to intervene, Completed on: 2012-09-25 | Canadian Civil Liberties Association |
| 2012-09-24 | Reply to the motion for leave to intervene, (Letter Form), from Lorne Waldman dated September 24/12, Completed on: 2012-09-27 | United Nations High Commissioner for Refugees |
| 2012-09-21 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2012-09-21 | Rachidi Ekanza Ezokola |
| 2012-09-21 | Response to the motion for leave to intervene, (Letter Form), from François Joyal re: response to motions for leave to intervene from UNHCR, CCIJ/IHRP, CCR, AI, CCLA and CARL, Completed on: 2012-09-21 | Minister of Citizenship and Immigration |
| 2012-09-13 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-13 | Canadian Association of Refugee Lawyers |
| 2012-09-13 | Motion for leave to intervene, Completed on: 2012-09-13 | Canadian Civil Liberties Association |
| 2012-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-12 | Canadian Council for Refugees |
| 2012-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-12 | Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law |
| 2012-09-12 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-12 | Amnesty International |
| 2012-09-11 | Motion for leave to intervene, (Book Form), Completed on: 2012-09-11 | United Nations High Commissioner for Refugees |
| 2012-08-23 | Appellant's book of authorities, (Book Form), (11 volumes), Completed on: 2012-08-23 | Rachidi Ekanza Ezokola |
| 2012-08-16 | Appellant's record, (Book Form), (15 volumes), Completed on: 2012-08-16 | Rachidi Ekanza Ezokola |
| 2012-08-16 | Appellant's factum, (Book Form), Completed on: 2012-08-16 | Rachidi Ekanza Ezokola |
| 2012-05-24 | Notice of appeal, Completed on: 2012-05-24 | Rachidi Ekanza Ezokola |
| 2012-05-17 | Correspondence received from, P. Shams by fax, re.: potential interveners | Rachidi Ekanza Ezokola |
| 2012-05-11 | Correspondence received from, François Joyal dated May 11, 2012. Re: François Joyal and Ginette Gobeil will now represent the respondent | Minister of Citizenship and Immigration |
| 2012-05-04 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2012-04-27 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2012-04-27 | Judgment on leave sent to the parties | |
| 2012-04-26 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-281-10, 2011 FCA 224, dated July 15, 2011, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2012-03-05 | All materials on application for leave submitted to the Judges, CJ Ro Mo | |
| 2011-11-04 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2011-11-04 | Rachidi Ekanza Ezokola |
| 2011-10-28 | Respondent's response on the application for leave to appeal, Form 25B missing (rec'd Oct. 31, 2011), Completed on: 2011-10-31 | Minister of Citizenship and Immigration |
| 2011-10-03 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2011-09-29 | Book of authorities | Rachidi Ekanza Ezokola |
| 2011-09-29 | Application for leave to appeal, Completed on: 2011-09-29 | Rachidi Ekanza Ezokola |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Ekanza Ezokola, Rachidi | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| United Nations High Commissioner for Refugees | Intervener | Active |
| Amnesty International | Intervener | Active |
| Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law | Intervener | Active |
| Canadian Council for Refugees | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
| Canadian Association of Refugee Lawyers | Intervener | Active |
Counsel
Party: Ekanza Ezokola, Rachidi
Counsel
Jared Will
Peter Shams
400 McGill Street
2nd floor
Montreal, Quebec
H2Y 2G1
Telephone: (514) 289-9877
FAX: (514) 289-9612
Email: alegault77@hotmail.com
Agent
43 Florence St.
Ottawa, Ontario
K2P 0W6
Telephone: (613) 232-2688 Ext: 228
FAX: (613) 232-2680
Email: yhameed@hf-law.ca
Party: Minister of Citizenship and Immigration
Counsel
Ginette Gobeil
Complexe Guy-Favreau
200, boul. René-Lévesque O., Tour Est, 9e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-5880
FAX: (514) 283-3856
Email: François.Joyal@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: United Nations High Commissioner for Refugees
Counsel
Tara McElroy
Jacqueline Swaisland
Kylie Buday
R. Rana Khan
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
2600 - 160 Elgin St
Box 466 Station D
Ottawa, Ontario
K1P 1C3
Telephone: (613) 233-1781
FAX: (613) 563-9869
Email: brian.crane@gowlingwlg.com
Party: Amnesty International
Counsel
Laïla Demirdache
Chantal Tie
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Canadian Centre for International Justice and International Human Rights Program at the University of Toronto Faculty of Law
Counsel
Sarah R. Shody
Renu Mandhane
Suite 3000, Maritime Life Tower
P. O. Box 270, Toronto-Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: jterry@torys.com
Agent
50 O'Connor Street
Suite 300
Ottawa, Ontario
K1P 6L2
Telephone: (613) 232-7171 Ext: 122
FAX: (613) 231-3191
Email: jeff.beedell@mcmillan.ca
Party: Canadian Council for Refugees
Counsel
Angus Grant
Pia Zambelli
Faculty of Law
1822 East Mall
Vancouver, British Columbia
V6T 1Z1
Telephone: (604) 827-3055
FAX: (604) 822-8108
Email: dauvergne@law.ubc.ca
Agent
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Party: Canadian Civil Liberties Association
Counsel
506 - 360 Bloor Street West
Toronto, Ontario
M5S 1X1
Telephone: (416) 363-0321
FAX: (416) 861-1291
Email: pillay@ccla.org
Agent
331 Somerset Street West
Ottawa, Ontario
K2P 0J8
Telephone: (613) 288-2890
FAX: (613) 288-2896
Email: email@lgreenspon.com
Party: Canadian Association of Refugee Lawyers
Counsel
Carole Simone Dahan
Andrew Brouwer
Aviva Basman
57 Louis Pasteur St., room 353
Faculty of Law
Ottawa, Ontario
K1N 6N5
Telephone: (613) 562-5800 Ext: 3314
FAX: (613) 562-5124
Email: jennifer.bond@uottawa.ca
Agent
406 - 1355 Bank Street
Ottawa, Ontario
K1S 0X2
Telephone: (613) 733-0140
FAX: (613) 733-0401
Email: lashj@lao.on.ca
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Immigration Refugee Status Decision of Immigration and Refugee Board excluding appellant from definition of “refugee” as defined in Article 1F(a) of the United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, on basis of complicity by association in war crimes and crimes against humanity Test for complicity For purposes of the application of art. 1F(a) of the United Nations Convention Relating to the Status of Refugees, what is the correct legal standard for culpable complicity in international crimes?
The appellant was the economic adviser and second counsellor of embassy to the Permanent Mission of the Democratic Republic of Congo (the “DRC”) to the United Nations starting on December 1, 2004, and held that position until a few days before he arrived in Canada on January 17, 2008 to claim refugee protection, with his wife and eight children. Prior to serving as a diplomat with the DRC’s Permanent Mission to the United Nations, he had been a public servant in the DRC since January 1999, acting principally as an economic advisor. The Refugee Protection Division of the Immigration and Refugee Board (the “Board”) determined that the appellant was excluded from refugee protection by application of Article 1F(a) of the United Nations Convention relating to the Status of Refugees (the “Convention”) on the basis of complicity by association in war crimes and crimes against humanity committed by the DRC. The Federal Court allowed the appellant’s application for judicial review and set aside the Board’s decision on the ground that the Board could not have found serious reasons for considering that the appellant had committed the crimes at issue as a result of his diplomatic duties. The Federal Court of Appeal allowed the appeal, finding that the test for complicity articulated by the lower court was inconsistent with inter alia the jurisprudence of the Federal Court of Appeal.
Lower court rulings
Federal Court
IMM-5174-09, 2010 FC 662
Application for judicial review of the Immigration and Refugee Board’s decision allowed. Matter referred back to the Board to be heard de novo by a different panel to determine whether the Applicant was an accomplice to the crimes committed by the Democratic Republic of Congo in accordance with the “personal nexus” test.
Federal Court of Appeal
A-281-10, 2011 FCA 224
Appeal from Federal Court’s decision allowed. Matter remitted to the Board to be heard de novo by a different panel to determine whether the Applicant was an accomplice to the crimes committed by the Democratic Republic of Congo in accordance with the “personal and knowing participation” test.
Memorandums of argument on application for leave to appeal
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filing out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
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Factums on appeal
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
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