Case information
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35388
B010 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) |
|---|---|---|
| 2015-12-03 | Appeal closed | |
| 2015-11-30 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2015-11-30 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2015-11-27 |
Judgment on the appeal rendered, CJ Abe Ro Mo Ka Wa Ga, The appeal from the judgment of the Federal Court of Appeal, Number A-195-12, 2013 FCA 87, dated March 22, 2013, heard on February 16, 2015, is allowed with costs in this Court and in the courts below. The case is remitted to the Immigration and Refugee Board for reconsideration. Allowed, with costs |
|
| 2015-11-23 | Media lock-up request accepted | |
| 2015-11-20 | Media lock-up consent form received from | David Asper Centre for Constitutional Rights |
| 2015-11-17 | Media lock-up consent form received from | Minister of Citizenship and Immigration |
| 2015-11-17 | Media lock-up consent form received from | B010 |
| 2015-11-06 | Media lock-up letter, consent form and undertaking sample sent to all parties | |
| 2015-03-17 | Media lock-up request refused | |
| 2015-03-13 | Media lock-up requested or proposed | |
| 2015-03-06 | Transcript received, 150 pages | |
| 2015-02-17 | Judgment reserved OR rendered with reasons to follow | |
| 2015-02-17 |
Hearing of the appeal, 2015-02-16, CJ Abe Ro Mo Ka Wa Ga Judgment reserved |
|
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Canadian Council for Refugees |
| 2015-02-17 | Intervener's condensed book, (Book Form), Filed in Court | Amnesty International (Canadian Section, English Branch) |
| 2015-02-16 | Intervener's condensed book, (Book Form), Filed in Court | United Nations High Commissioner for Refugees |
| 2015-02-16 | Intervener's condensed book, (Book Form), Filed in Court | Attorney General of Ontario |
| 2015-02-16 | Respondent's condensed book, (Book Form), Filed in Court - vol. 1 and 2 | Minister of Citizenship and Immigration |
| 2015-02-16 | Appellant's condensed book, (Book Form), Filed in Court | B010 |
| 2015-02-13 | Correspondence received from, (Letter Form), Erin Bobkin re: will be referring to the decision in Cater in their oral submission | Canadian Association of Refugee Lawyers |
| 2015-02-13 | Correspondence received from, (Letter Form), Erin Bobkin re: request to present oral argument after Asper Center | Canadian Association of Refugee Lawyers |
| 2015-02-12 | Notice of appearance, (Letter Form), Andrew Brouwer, Jennifer Bond and Erin Bobkin will be appearing | Canadian Association of Refugee Lawyers |
| 2015-02-12 | Correspondence received from, (Letter Form), Gowlings re: alloted time for oral argument between the appellants | B010 |
| 2015-02-12 | Notice of appearance, (Letter Form), Angus Grant, Catherine Bruce, Laura Bruce and Dadi Yachoua will be appearing and Mr. Grant will make oral submission | Canadian Council for Refugees |
| 2015-02-12 | Correspondence received from, (Letter Form), Ms Bruce re: request to make a single argument of 10 min., (Electronic version filed on 2015-02-12) | Canadian Council for Refugees |
| 2015-02-11 | Correspondence received from, Jennifer Bond re: request for 10 reserved seats | Canadian Association of Refugee Lawyers |
| 2015-02-11 | Notice of appearance, (Letter Form), John Terry, Ryan Lax and Rana R. Khan will be appearing and Mr. Terry will make oral submission | United Nations High Commissioner for Refugees |
| 2015-02-11 | Appeal perfected for hearing | |
| 2015-02-10 | Notice of appearance, (Letter Form), Chantal Tie and Laila Demirdache will be appearing and Ms. Tie will make oral submission - 2012-02-12 Mr. Bossing will also be appearing | Amnesty International (Canadian Section, English Branch) |
| 2015-02-10 | Correspondence received from, (Letter Form), Michael Bossin re: request to make 1 oral submission of 10 min., (Electronic version filed on 2015-02-10) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-10 | Notice of appearance, (Letter Form), Barbara Jackman and Audrey Macklin will be appearing and Ms. Jackman will present oral arguments | David Asper Centre for Constitutional Rights |
| 2015-02-10 | Correspondence received from, (Letter Form), 3 reserved seats - 2015-02-11 rec'd new request for 2 additional seats | David Asper Centre for Constitutional Rights |
| 2015-02-09 | Correspondence received from, (Letter Form), 5 reserved seats | Amnesty International (Canadian Section, English Branch) |
| 2015-02-09 | Supplemental document, (Book Form), Authorities, Completed on: 2015-02-09, (Electronic version filed on 2015-02-06) | Minister of Citizenship and Immigration |
| 2015-02-09 | Reply factum on appeal, (Book Form), Joint with 35677, 35685, 35688, 35958, Completed on: 2015-02-09, (Electronic version filed on 2015-02-09) | Minister of Citizenship and Immigration |
| 2015-02-09 | Correspondence received from, (Letter Form), 6 reserved seats requested | Minister of Citizenship and Immigration |
| 2015-02-06 |
Order by, Ga, FURTHER TO THE ORDER dated November 27, 2014, granting leave to intervene to the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers, Amnesty International (Canadian Section, English Branch), the United Nations High Commissioner for Refugees and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT: 1. The Canadian Council for Refugees, the Canadian Association of Refugee Lawyers, Amnesty International (Canadian Section, English Branch) and the Canadian Civil Liberties Association are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. 2. The David Asper Centre for Constitutional Rights and the United Nations High Commissioner for Refugees are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2015-02-05 | Correspondence received from, (Letter Form), Mr. Holloway re: order of oral submissions (joint with 35677, 35685, 35688), (Electronic version filed on 2015-02-05) | B010 |
| 2015-02-03 | Notice of appearance, (Letter Form), Marianne Zoric will be appearing, rec'd 2015-02-09 new notice François Joyal will also be attending | Minister of Citizenship and Immigration |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | United Nations High Commissioner for Refugees |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | United Nations High Commissioner for Refugees |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688, 35958, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Association of Refugee Lawyers |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688, 35958 (new cd requested), Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Association of Refugee Lawyers |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685, 35688, 35958 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35685, 35688, 35958 , Completed on: 2015-02-09, (Electronic version filed on 2015-02-02) | Amnesty International (Canadian Section, English Branch) |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35688, 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | David Asper Centre for Constitutional Rights |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688, 35685, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | David Asper Centre for Constitutional Rights |
| 2015-02-02 | Intervener's book of authorities, (Book Form), Joint with 35677, 35688, 35685 and 35958, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
| 2015-02-02 | Intervener's factum, (Book Form), Joint with 35677, 35688, 35685 and 35958, Completed on: 2015-02-02, (Electronic version filed on 2015-02-02) | Canadian Council for Refugees |
| 2015-01-29 | Order on motion to file a lengthy factum, (by GASCON J.) (Joint 35388, 35677, 35685, 35688 & 35958) | |
| 2015-01-29 |
Decision on motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga, UPON APPLICATION by the intervener, Canadian Association of Refugee Lawyers, for leave to file five (5) additional pages in addition of the instructed ten (10) pages in its factum and, if granted leave, to make oral argument for an additional five (5) minutes in the above appeals; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The request for leave to file additional pages in its factum is dismissed. The request for an additional five (5) minutes of oral argument is deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. Dismissed |
|
| 2015-01-29 | Submission of motion to file a lengthy factum, (Joint 35388, 35677, 35685, 35688 & 35958), Ga | |
| 2015-01-22 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-22 | Minister of Citizenship and Immigration |
| 2015-01-20 | Correspondence received from, Ed Van Bemmel dated 2015-01-20. Re: Missing pages in the record (Sent to the Court on 2015-01-22) | B010 |
| 2015-01-19 | Response to the motion to file a lengthy factum, (Letter Form), Completed on: 2015-01-19 | B010 |
| 2015-01-16 | Motion to file a lengthy factum, (Book Form), CARL asking to file an additional five (5) pages to the Intervener's Factum & for an additional five (5) minutes for oral argument if leave for argument is granted. (Joint with 35677-35685-35688-35958), Completed on: 2015-01-16, (Electronic version filed on 2015-01-20) | Canadian Association of Refugee Lawyers |
| 2015-01-15 | Correspondence received from, CARL - Agent - Karima Karmali - new address and contact information. | Canadian Association of Refugee Lawyers |
| 2015-01-12 | Respondent's book of authorities, Volume 4 (Joint with 35688, 35685 & 35677), Completed on: 2015-01-12 | Minister of Citizenship and Immigration |
| 2015-01-12 | Respondent's factum, Completed on: 2015-01-12 | Minister of Citizenship and Immigration |
| 2014-12-23 | Intervener's book of authorities, (Book Form), Joint with 35677, 35685 & 35688, Completed on: 2014-12-23 | Attorney General of Ontario |
| 2014-12-23 | Intervener's factum, (Book Form), Joint with 35677, 35685 & 35688, Completed on: 2014-12-23 | Attorney General of Ontario |
| 2014-12-23 | Notice of appearance, Hart Schwartz and Padraic Ryan will be present at the hearing. | Attorney General of Ontario |
| 2014-12-16 | Notice of hearing sent to parties | |
| 2014-12-09 | Notice of appearance, Rod Holloway and Erica Olmstead will be present at the hearing. | B010 |
| 2014-12-02 | Appeal hearing scheduled, 2015-02-17, Early start 9 a.m., Day 2 (FOR WEBCASTING PURPOSES ONLY) | |
| 2014-12-02 |
Appeal hearing scheduled, 2015-02-16, Early start 9 a.m., Day 1 (previously February 9, 2015) Judgment reserved |
|
| 2014-12-01 | Order on motion to extend time, (by THE REGISTRAR) | |
| 2014-12-01 |
Decision on motion to extend time, Reg, UPON APPLICATION on behalf of the proposed intervener, the Attorney General of Ontario, pursuant to the provisions of Rule 6 of the Rules of the Supreme Court of Canada, for an order extending the time within which the proposed intervener may serve and file its notice of intervention respecting constitutional questions to October 17, 2014; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2014-12-01 | Submission of motion to extend time, Reg | |
| 2014-11-27 | Order on motion for leave to intervene, (by GASCON J.) | |
| 2014-11-27 |
Decision on the motion for leave to intervene, (joint with 35677, 35685, 35688 and 35958), Ga, UPON APPLICATION by Amnesty International (Canadian Section, English Branch) for leave to intervene in the above appeals; AND UPON APPLICATIONS by the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers and the United Nations High Commissioner for Refugees for leave to intervene in the appeals B010 v. Minister of Citizenship and Immigration (35388), Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND UPON APPLICATION by the Canadian Civil Liberties Association for leave to intervene in the appeals Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (35677), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P. et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND UPON APPLICATION by the South Asian Legal Clinic of Ontario for leave to intervene in the appeals B010 v. Minister of Citizenship and Immigration (35388), B306 v. Minister of Public Safety and Emergency Preparedness (35685) and J.P.et al. v. Minister of Public Safety and Emergency Preparedness (35688); AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of the Canadian Council for Refugees, the David Asper Centre for Constitutional Rights, the Canadian Association of Refugee Lawyers, Amnesty International (Canadian Section, English Branch), the United Nations High Commissioner for Refugees and the Canadian Civil Liberties Association are granted, and the said six (6) interveners shall be entitled to each serve and file a single factum, not to exceed 10 pages in length, on or before February 2, 2015. The motion for leave to intervene of the South Asian Legal Clinic of Ontario is dismissed. The interveners shall take the necessary steps to avoid duplicative submissions. 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 appellants and respondents any additional disbursements occasioned to the appellants and respondents by their interventions. AND IT IS HEREBY FURTHER ORDERED THAT all respondents may serve and file a single factum, not to exceed 10 pages in length, in reply to the interveners on or before February 9, 2015. Allowed in part |
|
| 2014-11-27 | Submission of motion for leave to intervene, Ga | |
| 2014-11-26 | Reply to the motion for leave to intervene, (Letter Form), from John Terry dated November 26, 2014 re: reply to motion filed by UNHCR, Completed on: 2014-11-26, (Electronic version filed on 2014-11-26) | United Nations High Commissioner for Refugees |
| 2014-11-24 | Response to the motion for leave to intervene, (Letter Form), from Marianne Zoric dated November 24, 2014, Completed on: 2014-11-24, (Electronic version filed on 2014-11-24) | Minister of Citizenship and Immigration |
| 2014-11-19 | Response to the motion for leave to intervene, consent to the intervention of UNHCR, Completed on: 2014-11-19 | B010 |
| 2014-11-19 | Motion for leave to intervene, Completed on: 2014-11-19, (Electronic version filed on 2014-11-19) | United Nations High Commissioner for Refugees |
| 2014-11-03 | Reply to the motion for leave to intervene, (Letter Form), Reply to respondent's reply - joint wth 35685-35677-35688, Completed on: 2014-11-03, (Electronic version filed on 2014-11-03) | Amnesty International (Canadian Section, English Branch) |
| 2014-11-03 | Reply to the motion for leave to intervene, (Letter Form), Reply to respondent's response - Joint with 35677, 35685, 35688, Completed on: 2014-11-03, (Electronic version filed on 2014-11-03) | David Asper Centre for Constitutional Rights |
| 2014-10-30 | Certificate of counsel (attesting to record) | B010 |
| 2014-10-30 | Reply to the motion for leave to intervene, (Letter Form), to the respondent's response (joint with 35688, 35677, 35685), Completed on: 2014-10-30, (Electronic version filed on 2014-10-30) | Canadian Association of Refugee Lawyers |
| 2014-10-29 | Appellant's book of authorities, (3 volumes), Completed on: 2014-10-29 | B010 |
| 2014-10-29 | Appellant's record, (3 volumes), Completed on: 2014-10-29 | B010 |
| 2014-10-29 | Appellant's factum, Completed on: 2014-10-29 | B010 |
| 2014-10-29 | Reply to the motion for leave to intervene, to the Respondent's response (joint with 35688, 35685), Completed on: 2014-10-29 | South Asian Legal Clinic of Ontario |
| 2014-10-24 | Response to the motion for leave to intervene, from Marianne Zoric dated October 24, 2014 re: response to motion for leave to intervene filed by David Asper Centre (joint with 35685, 35688 and 35677), Completed on: 2014-10-24 | Minister of Citizenship and Immigration |
| 2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by SALCO (joint with 35685, 35677, 35688), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Minister of Citizenship and Immigration |
| 2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by Canadian Association of Refugee Lawyers (joint with 35685, 35677, 35688), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Minister of Citizenship and Immigration |
| 2014-10-24 | Response to the motion for leave to intervene, (Letter Form), response to motion filed by Amnesty International (joint with 35685, 35677, 35688 and 35958), Completed on: 2014-10-24, (Electronic version filed on 2014-10-24) | Minister of Citizenship and Immigration |
| 2014-10-24 | Response to the motion for leave to intervene, (Letter Form), from Marianne Zoric dated October 24, 2014 to the motion filed by CCR (joint with 35688, 35685 and 35677), Completed on: 2014-10-31, (Electronic version due on 2014-10-31) | Minister of Citizenship and Immigration |
| 2014-10-17 | Notice of intervention respecting a constitutional question | Attorney General of Ontario |
| 2014-10-17 | Motion to extend time, (Book Form), Motion to extend time to serve and file notice of intervention, Completed on: 2014-10-17, (Electronic version due on 2014-10-24) | Attorney General of Ontario |
| 2014-10-17 | Correspondence received from, Respondent, re.: Counsel will be Marianne Zoric and François Joyal | Minister of Citizenship and Immigration |
| 2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35685, 35677, 35688, Completed on: 2014-10-14, (Electronic version filed on 2014-10-14) | David Asper Centre for Constitutional Rights |
| 2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35677, 35685, 35688, 35958, Completed on: 2014-10-14, (Electronic version filed on 2014-10-21) | Amnesty International (Canadian Section, English Branch) |
| 2014-10-14 | Motion for leave to intervene, (Book Form), Joint with 35685, 35677, 35688, Completed on: 2014-10-14, (Electronic version due on 2014-10-21) | Canadian Council for Refugees |
| 2014-10-14 | Motion for leave to intervene, (joint with 35677, 35685 and 35688), Completed on: 2014-10-14, (Electronic version filed on 2014-10-14) | Canadian Association of Refugee Lawyers |
| 2014-10-14 | Motion for leave to intervene, (Book Form), Joint with file 35685 & 35688, Completed on: 2014-10-14, (Electronic version filed on 2014-10-14) | South Asian Legal Clinic of Ontario |
| 2014-08-27 | Notice of constitutional question(s), All Attorneys General served on August 27, 2014 | B010 |
| 2014-08-22 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2014-08-20 | Order on motion to state a constitutional question, (by THE CHIEF JUSTICE) | |
| 2014-08-20 |
Decision on the motion to state a constitutional question, CJ, UPON APPLICATION by the appellant for an order stating constitutional questions in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT THE CONSTITUTIONAL QUESTIONS BE STATED AS FOLLOWS: 1. Does s. 37(1)(b) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms? 2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms? Any attorney general who intervenes pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall pay the appellant and respondent the costs of any additional disbursements they incur as a result of the intervention. IT IS HEREBY FURTHER ORDERED THAT: 1. The appellant’s record, factum and book of authorities shall be served and filed on or before October 29, 2014. 2. Any person wishing to intervene in this appeal under Rule 55 of the Rules of the Supreme Court of Canada shall serve and file a motion for leave to intervene on or before November 19, 2014. 3. The appellant and respondent shall serve and file their responses, if any, to the motions for leave to intervene on or before November 24, 2014. 4. Replies to any responses to the motions for leave to intervene shall be served and filed on or before November 26, 2014. 5. The respondent’s record, factum and book of authorities shall be served and filed no later than eight (8) weeks after the service of the appellant’s record, factum and book of authorities. 6. Any attorney general wishing to intervene pursuant to par. 61(4) of the Rules of the Supreme Court of Canada shall serve and file their factum and book of authorities on or before January 26, 2015. Granted |
|
| 2014-08-20 | Submission of motion to state a constitutional question, CJ | |
| 2014-08-08 | Response to the motion to state a constitutional question, Completed on: 2014-08-08, (Electronic version filed on 2014-08-08) | Minister of Citizenship and Immigration |
| 2014-08-01 | Motion to state a constitutional question, (Letter Form), Completed on: 2014-08-20 | B010 |
| 2014-08-01 | Notice of appeal, Completed on: 2014-08-01 | B010 |
| 2014-07-18 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2014-07-18 | Judgment and notice of deposit of judgment sent to all parties (reconsideration) | |
| 2014-07-17 |
Decision on the motion for reconsideration of the application for leave to appeal, The motion for an extension of time to serve and file the motion for reconsideration is granted. The motion for reconsideration and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-195-12, 2013 FCA 87, dated March 22, 2013, are granted. This case is to be heard with J.P. et al. v. Minister of Public Safety and Emergency Preparedness (No. 35688), B306 v. Minister of Public Safety and Emergency Preparedness (No. 35685) and Jesus Rodriguez Hernandez v. Minister of Public Safety and Emergency Preparedness (No. 35677). Granted |
|
| 2014-06-16 | Submission of motion for reconsideration of the application for leave to appeal to panel, Abe Ro Mo | |
| 2014-06-12 | Reply to motion for reconsideration of the application for leave to appeal, (Book Form), Completed on: 2014-06-12, (Printed version filed on 2014-06-12) | B010 |
| 2014-06-02 | Response to motion for reconsideration of the application for leave to appeal, (Book Form), Oppose, Completed on: 2014-06-02, (Electronic version filed on 2014-06-02) | Minister of Citizenship and Immigration |
| 2014-05-22 | Correspondence (sent by the Court) to, the parties from the Registrar, re: motion for reconsideration has been accepted for filing (sent by fax) | |
| 2014-05-20 | Letter acknowledging receipt of a complete motion for reconsideration | |
| 2014-05-16 | Motion for reconsideration of the application for leave to appeal, (Book Form), (motion for extension of time included), Completed on: 2014-05-20, (Electronic version filed on 2014-05-16) | B010 |
| 2013-10-04 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-10-04 | Judgment on leave sent to the parties | |
| 2013-10-03 |
Judgment of the Court on the application for leave to appeal, The motion to strike is granted. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-195-12, 2013 FCA 87, dated March 22, 2013, is dismissed with costs. Dismissed, with costs |
|
| 2013-10-03 |
Decision on motion to strike out, see judgment Granted |
|
| 2013-09-09 | All materials on application for leave submitted to the Judges, Abe Ro Mo | |
| 2013-09-09 | Submission of motion to strike out, Abe Ro Mo | |
| 2013-08-06 | Response to motion to strike out, (Book Form), Completed on: 2013-08-06 | B010 |
| 2013-07-26 | Motion to strike out, (Book Form), the affidavit of Rhonda Catherwood sworn June 25, 2013 included in the applicant's reply along with par. 1 and 2 of argument in reply, Completed on: 2013-07-26 | Minister of Citizenship and Immigration |
| 2013-06-28 | Correspondence received from, Mr. Holloway dated June 27/13 re: response to letter of Mr. Sokhansanj | B010 |
| 2013-06-27 | Correspondence received from, Mr. Sokhansanj re: oppose the filing of the applicant's reply | Minister of Citizenship and Immigration |
| 2013-06-26 | Applicant's reply to respondent's argument, Completed on: 2013-06-26 | B010 |
| 2013-06-17 | Book of authorities, (Book Form) | Minister of Citizenship and Immigration |
| 2013-06-17 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2013-06-17 | Minister of Citizenship and Immigration |
| 2013-05-23 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2013-05-17 | Book of authorities, (Book Form) | B010 |
| 2013-05-17 | Application for leave to appeal, (Book Form), Completed on: 2013-05-17 | B010 |
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 |
|---|---|---|
| B010 | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of Ontario | Intervener | Active |
| Canadian Association of Refugee Lawyers | Intervener | Active |
| Canadian Council for Refugees | Intervener | Active |
| Amnesty International (Canadian Section, English Branch) | Intervener | Active |
| David Asper Centre for Constitutional Rights | Intervener | Active |
| United Nations High Commissioner for Refugees | Intervener | Active |
Counsel
Party: B010
Counsel
Rod H.G. Holloway
Erica Olmstead
Maria Sokolova
Erica Olmstead
Maria Sokolova
Legal Services Society
400 - 510 Burrard Street
Vancouver, British Columbia
V6C 3A8
Telephone: (604) 601-6078
FAX: (604) 682-0956
400 - 510 Burrard Street
Vancouver, British Columbia
V6C 3A8
Telephone: (604) 601-6078
FAX: (604) 682-0956
Agent
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Party: Minister of Citizenship and Immigration
Counsel
Marianne Zoric
François Joyal
Banafsheh Sokhansanj
François Joyal
Banafsheh Sokhansanj
Attorney General of Canada
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8046
FAX: (416) 954-8982
Email: marianne.zoric@justice.gc.ca
Suite 3400, Box 36
130 King Street West
Toronto, Ontario
M5X 1K6
Telephone: (416) 954-8046
FAX: (416) 954-8982
Email: marianne.zoric@justice.gc.ca
Agent
Christopher M. Rupar
Attorney General of Canada
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Canadian Association of Refugee Lawyers
Counsel
Andrew J. Brouwer
Erin Bobkin
Jennifer Bond
Erin Bobkin
Jennifer Bond
Refugee Law Office
20 Dundas St. West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111 Ext: 7139
FAX: (416) 977-5567
Email: brouwea@lao.on.ca
20 Dundas St. West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111 Ext: 7139
FAX: (416) 977-5567
Email: brouwea@lao.on.ca
Agent
Karima Karmali
Legal Aid Ontario
85 Albert Street, Suite 200
Ottawa, Ontario
K1P 6A4
Telephone: (613) 569-7448
FAX: (613) 569-9389
85 Albert Street, Suite 200
Ottawa, Ontario
K1P 6A4
Telephone: (613) 569-7448
FAX: (613) 569-9389
Party: Canadian Council for Refugees
Counsel
Catherine Bruce
Angus Grant
Laura Best
Angus Grant
Laura Best
Refugee Law Office
20 Dundas Street West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111
FAX: (416) 977-5567
Email: brucec@lao.on.ca
20 Dundas Street West
Suite 202
Toronto, Ontario
M5G 2H1
Telephone: (416) 977-8111
FAX: (416) 977-5567
Email: brucec@lao.on.ca
Agent
Martine Cétoute
Clinique Juridique Francophone de l'est d'Ottawa
290 Dupuis Street
Ottawa, Ontario
K1L 1A2
Telephone: (613) 744-2892 Ext: 1114
FAX: (613) 744-3960
Email: cetoutem@lao.on.ca
290 Dupuis Street
Ottawa, Ontario
K1L 1A2
Telephone: (613) 744-2892 Ext: 1114
FAX: (613) 744-3960
Email: cetoutem@lao.on.ca
Party: Amnesty International (Canadian Section, English Branch)
Counsel
Michael Bossin
Laïla Demirdache
Chantal Tie
Laïla Demirdache
Chantal Tie
Community Legal Services-Ottawa Carleton
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
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: David Asper Centre for Constitutional Rights
Counsel
Barbara Jackman
Jackman Nazami & Associates
596 St. Clair Avenue West, Unit 3
Toronto, Ontario
M6C 1A6
Telephone: (416) 653-9964
FAX: (416) 653-1036
Email: barb@bjackman.com
596 St. Clair Avenue West, Unit 3
Toronto, Ontario
M6C 1A6
Telephone: (416) 653-9964
FAX: (416) 653-1036
Email: barb@bjackman.com
Agent
Sally Gomery
Norton Rose Fulbright Canada LLP
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
1500-45 O'Connor Street
Ottawa, Ontario
K1P 1A4
Telephone: (613) 780-8604
FAX: (613) 230-5459
Email: sally.gomery@nortonrosefulbright.com
Party: Attorney General of Ontario
Counsel
Hart Schwartz
Padraic Ryan
Padraic Ryan
Attorney General of Ontario
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
4th Floor, 720 Bay Street
Toronto, Ontario
M5G 2K1
Telephone: (416) 212-3095
FAX: (416) 326-4015
Email: hart.schwartz@ontario.ca
Agent
Robert E. Houston, Q.C.
Burke-Robertson
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
441 MacLaren Street
Suite 200
Ottawa, Ontario
K2P 2H3
Telephone: (613) 236-9665
FAX: (613) 235-4430
Email: rhouston@burkerobertson.com
Party: United Nations High Commissioner for Refugees
Counsel
John Terry
Rana R. Khan
Rana R. Khan
Torys LLP
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
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
Jeffrey W. Beedell
Gowling WLG (Canada) LLP
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
160 Elgin Street, Suite 2600
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0171
FAX: (613) 563-9869
Email: jeff.beedell@gowlingwlg.com
Summary
Keywords
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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.
Charter of Rights and Freedoms - Right to life, liberty and security of the person - Immigration law - Inadmissibility and removal - Inadmissibility under s. 37(1)(b) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), on grounds of organized criminality for engaging, in the context of transnational crime, in activities such as people smuggling - What is the standard of review in respect of the Immigration Division of the Immigration and Refugee Protection Board’s interpretation of the scope of s. 37(1)(b)? - What is the scope of s. 37(1)(b)? - Is s. 7 of the Charter engaged in the inadmissibility process before the Board?
B010, a 35-year-old Tamil from Sri Lanka, arrived in Canadian waters via Thailand on August 12, 2010 aboard the MV Sun Sea, an unregistered ship upon which 492 migrants seeking refuge travelled. B010 is married and has two children. During much of the civil war, B010 lived in the northern territory of Sri Lanka controlled by the Liberation Tigers of Tamil Eelam (“LTTE”), where he worked as a driver, mechanic and fisher.
When the Sri Lankan government regained control of the area in 2009, B010 was detained and interrogated on several occasions by government forces for suspected LTTE involvement. Upon learning he was to be taken to a detention camp, B010 fled to Thailand where he eventually was offered a spot on the MV Sun Sea, bound for Canada, in return for which he paid the organizers of the voyage. The Thai crew subsequently abandoned the ship while en route, and the passengers decided to perform tasks on the ship to continue with the voyage. B010 agreed to work six hours a day in the engine room, monitoring the equipment.
After the ship’s arrival in Canadian waters, the Canada Border Services Agency (“CBSA”) conducted an investigation that revealed that the ship had been part of an elaborate for-profit scheme to bring migrants to Canada. The CBSA also determined that B010 was one of 12 passengers aboard the ship who had served as the ship’s crew during the three-month voyage. An immigration officer reported B010 as inadmissible to Canada by reason of people smuggling, pursuant to s. 37(1)(b) of the IRPA.
Lower court rulings
April 15, 2012
Federal Court
2012 FC 569, IMM-4760-11
Federal Court
2012 FC 569, IMM-4760-11
see file
May 15, 2012
Federal Court
IMM-4760-11
Federal Court
IMM-4760-11
Application for judicial review dismissed
March 22, 2013
Federal Court of Appeal
2013 FCA 87, A-195-12
Federal Court of Appeal
2013 FCA 87, A-195-12
Appeal dismissed
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Date modified: 2025-02-27