Case information
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36784
Thanh Tam Tran v. Minister of Public Safety and Emergency Preparedness
(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) |
|---|---|---|
| 2017-10-20 | Appeal closed | |
| 2017-10-20 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2017-10-20 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2017-10-19 |
Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Federal Court of Appeal, Number A-531-14, 2015 FCA 237, dated October 30, 2015, heard on January 13, 2017, is allowed. The decision of the delegate of the Minister of Public Safety and Emergency Preparedness is quashed and the matter is remitted to a different delegate. Allowed |
|
| 2017-01-25 | Transcript received, 109 pages | |
| 2017-01-13 | Judgment reserved OR rendered with reasons to follow | |
| 2017-01-13 | Intervener's condensed book, (Book Form), 14 copies (submitted in Court) | African Canadian Legal Clinic |
| 2017-01-13 | Respondent's condensed book, (Book Form), 14 copies (submitted in Court) | Minister of Public Safety and Emergency Preparedness |
| 2017-01-13 | Appellant's condensed book, (Book Form), 14 copies (submitted in Court) | Thanh Tam Tran |
| 2017-01-13 |
Hearing of the appeal, 2017-01-13, CJ Abe Mo Ka Wa Ga Côt Br Row Judgment reserved |
|
| 2017-01-04 | Notice of appearance, Mr. John Norris will be present at the hearing and will present oral arguments. | Canadian Association of Refugee Lawyers |
| 2017-01-03 | Notice of appearance, Mr. Peter Edelmann, Ms. Erin C. Roth and Mr. Aris Daghighian will be present at the hearing. Mr. Edelmann will present oral arguments. | Thanh Tam Tran |
| 2017-01-03 | Notice of appearance, Mr. Lorne Waldman and Ms. Warda Shazadi Meighen will be present at the appeal. Mr. Waldman will present oral arguments. | British Columbia Civil Liberties Association |
| 2016-12-22 | Correspondence received from, Six reserved seats requested | Minister of Public Safety and Emergency Preparedness |
| 2016-12-22 | Notice of appearance, François Joyal and Kathryn Hucal will be present at the hearing. Mr. Joyal will present oral arguments. | Minister of Public Safety and Emergency Preparedness |
| 2016-12-16 | Notice of appearance, Dena M. Smith and Faisal Mirza will be present at the appeal. Mr. Mirza will present oral arguments. | African Canadian Legal Clinic |
| 2016-12-09 |
Order by, Côt, FURTHER TO THE ORDER dated September 28, 2016, granting leave to intervene to the Attorney General of British Columbia, the British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic for leave to intervene in the above appeal; IT IS HEREBY FURTHER ORDERED THAT: The British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal. Granted |
|
| 2016-12-07 | Respondent's book of authorities, (Book Form), Supplementary, Completed on: 2016-12-07 | Minister of Public Safety and Emergency Preparedness |
| 2016-12-06 | Reply factum on appeal, (Book Form), Completed on: 2016-12-06 | Minister of Public Safety and Emergency Preparedness |
| 2016-12-06 | Reply factum on appeal, (Book Form), Completed on: 2016-12-06 | Thanh Tam Tran |
| 2016-11-22 | Intervener's book of authorities, (Book Form), Completed on: 2016-11-22 | Canadian Association of Refugee Lawyers |
| 2016-11-22 | Intervener's factum, (Book Form), Completed on: 2016-11-22 | Canadian Association of Refugee Lawyers |
| 2016-11-22 | Intervener's book of authorities, (Book Form), Completed on: 2016-11-22 | British Columbia Civil Liberties Association |
| 2016-11-22 | Intervener's factum, (Book Form), Completed on: 2016-11-22 | British Columbia Civil Liberties Association |
| 2016-11-22 | Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-11-22 | African Canadian Legal Clinic |
| 2016-11-22 | Intervener's factum, (Book Form), Completed on: 2016-11-22 | African Canadian Legal Clinic |
| 2016-11-22 | Intervener's book of authorities, (Book Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22) | Attorney General of British Columbia |
| 2016-11-22 | Intervener's factum, (Book Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22) | Attorney General of British Columbia |
| 2016-11-21 | Notice of hearing sent to parties | |
| 2016-11-16 |
Appeal hearing scheduled, 2017-01-13 Judgment reserved |
|
| 2016-10-04 | Appeal perfected for hearing | |
| 2016-09-30 | Respondent's book of authorities, (4 volumes), Completed on: 2016-09-30 | Minister of Public Safety and Emergency Preparedness |
| 2016-09-30 | Respondent's factum, Completed on: 2016-09-30 | Minister of Public Safety and Emergency Preparedness |
| 2016-09-28 | Order on motion for leave to intervene, by Justice Côté | |
| 2016-09-28 |
Decision on the motion for leave to intervene, REVISED September 29, 2016, Côt, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Attorney General of British Columbia, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic 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 by the British Columbia Civil Liberties Association, the Attorney General of British Columbia, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic are granted. The British Columbia Civil Liberties Association, the Attorney General of British Columbia and the Canadian Association of Refugee Lawyers shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before November 22, 2016. The African Canadian Legal Clinic shall be entitled to serve and file a factum not exceeding five (5) pages in length on or before November 22, 2016. The requests by the British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The appellant and the respondent are permitted to each serve and file a single factum not exceeding ten (10) pages in reply to these interventions to be filed within 2 weeks of the filing of the interveners’ factums. 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 intervention. Granted |
|
| 2016-09-28 | Submission of motion for leave to intervene, (4 motions), Côt | |
| 2016-09-20 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-11-07, (Electronic version filed on 2016-09-20) | Thanh Tam Tran |
| 2016-09-15 | Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-15, (Electronic version filed on 2016-09-15) | Minister of Public Safety and Emergency Preparedness |
| 2016-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Printed version filed on 2016-09-09) | African Canadian Legal Clinic |
| 2016-09-06 | Motion for leave to intervene, (Book Form), additional service to come, Completed on: 2016-09-06, (Printed version filed on 2016-09-06) | Attorney General of British Columbia |
| 2016-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Printed version filed on 2016-09-06) | British Columbia Civil Liberties Association |
| 2016-09-06 | Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Electronic version filed on 2016-09-12) | Canadian Association of Refugee Lawyers |
| 2016-08-22 | Order on motion to extend time, by the Registrar | |
| 2016-08-22 |
Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his Book of Authorities to August 11, 2016; AND THE MATERIAL FILED having been read; AND NOTING the consent of the respondent; IT IS HEREBY ORDERED THAT: The motion is granted. Granted |
|
| 2016-08-22 | Submission of motion to extend time, Reg | |
| 2016-08-11 | Motion to extend time, (Letter Form), to serve and file the appellant's Book of Authorities; On Consent. , Completed on: 2016-08-22, (Electronic version filed on 2016-08-11) | Thanh Tam Tran |
| 2016-08-11 | Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-08-11, (Electronic version filed on 2016-08-11) | Thanh Tam Tran |
| 2016-08-09 | Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-11) | Thanh Tam Tran |
| 2016-08-08 | Appellant's record, (Book Form), (3 volumes), 1 copy missing, Completed on: 2016-08-08, (Electronic version filed on 2016-08-11) | Thanh Tam Tran |
| 2016-08-08 | Appellant's factum, (Book Form), Completed on: 2016-08-17, (Electronic version filed on 2016-08-11) | Thanh Tam Tran |
| 2016-06-30 | Notice of change of counsel, (Letter Form), Respondent's counsel changed from Banafsheh Sokhansanj. | Minister of Public Safety and Emergency Preparedness |
| 2016-05-16 | Notice of appeal, Completed on: 2016-05-16 | Thanh Tam Tran |
| 2016-04-18 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2016-04-15 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-04-15 | Judgment on leave sent to the parties | |
| 2016-04-14 |
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-531-14, 2015 FCA 237, dated October 30, 2015, is granted. Granted |
|
| 2016-03-14 | All materials on application for leave submitted to the Judges, CJ Mo Ga | |
| 2016-02-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-02-18 | Thanh Tam Tran |
| 2016-02-08 | Notice of name, (Letter Form), (Electronic version filed on 2016-02-08) | Minister of Public Safety and Emergency Preparedness |
| 2016-02-08 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-08) | Minister of Public Safety and Emergency Preparedness |
| 2016-02-08 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) | Minister of Public Safety and Emergency Preparedness |
| 2015-12-30 | Letter acknowledging receipt of a complete application for leave to appeal, (File open) | |
| 2015-12-29 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-06) | Thanh Tam Tran |
| 2015-12-29 | Application for leave to appeal, (Book Form), Completed on: 2015-12-30, (Electronic version filed on 2016-01-06) | Thanh Tam Tran |
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 |
|---|---|---|
| Tran, Thanh Tam | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Public Safety and Emergency Preparedness | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Attorney General of British Columbia | Intervener | Active |
| Canadian Association of Refugee Lawyers | Intervener | Active |
| British Columbia Civil Liberties Association | Intervener | Active |
| African Canadian Legal Clinic | Intervener | Active |
Counsel
Party: Tran, Thanh Tam
Counsel
Aris Daghighian
Erin C. Roth
905 - 207 West Hastings Street
Vancouver, British Columbia
V6B 1H7
Telephone: (604) 646-4684
FAX: (604) 648-8043
Email: peter@edelmann.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: Minister of Public Safety and Emergency Preparedness
Counsel
Kathryn Hucal
Complexe Guy-Favreau
200, boul. René-Lévesque Ouest, Pièce 1202-23
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-4934
FAX: (514) 496-7876
Email: francois.joyal@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 556
Ottawa, Ontario
K1P 6L2
Telephone: (613) 670-6289
FAX: (613) 954-1920
Email: robert.frater@justice.gc.ca
Party: Canadian Association of Refugee Lawyers
Counsel
John Norris
78 Queen's Park
Toronto, Ontario
M5S 2C5
Telephone: (416) 978-7124 Ext: 246
FAX: (416) 978-4195
Email: audrey.macklin@utoronto.ca
Agent
406 - 1355 Bank Street
Ottawa, Ontario
K1S 0X2
Telephone: (613) 733-0140
FAX: (613) 733-0401
Email: lashj@lao.on.ca
Party: British Columbia Civil Liberties Association
Counsel
Warda Shazadi Meighen
281 Eglinton Avenue East
Toronto, Ontario
M4P 1L3
Telephone: (416) 482-6501
FAX: (416) 489-9618
Email: lorne@waldmanlaw.ca
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Attorney General of British Columbia
Counsel
1001 Douglas Street
6th Floor
Victoria, British Columbia
V8V 1X4
Telephone: (250) 356-6944
FAX: (250) 356-9154
Email: christina.drake@gov.bc.ca
Agent
World Exchange Plaza
100 Queen Street, suite 1300
Ottawa, Ontario
K1P 1J9
Telephone: (613) 787-3562
FAX: (613) 230-8842
Email: neffendi@blg.com
Party: African Canadian Legal Clinic
Counsel
Faizal Mirza
402-250 Dundas Street West
Toronto, Ontario
M5T 2Z5
Telephone: (416) 214-4747
FAX: (416) 214-4748
Email: smithd@lao.on.ca
Agent
1010 - 141 Laurier Avenue West
Ottawa, Ontario
K1P 5J3
Telephone: (613) 563-1010
FAX: (613) 563-1011
Email: mac@sulaw.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 — Inadmissibility and removal — Permanent residents — Whether a conditional sentence of imprisonment imposed pursuant the Criminal Code is a “term of imprisonment” under s. 36(1)(a) of the Immigration and Refugee Protection Act — Whether the phrase “punishable by a maximum term of imprisonment of at least 10 years” in s. 36(1)(a) refers to the maximum term of imprisonment available at the time the person was sentenced or the maximum term of imprisonment under the law at the time admissibility is determined — Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 36(1)(a).
On January 18, 2013, Mr. Tran, a permanent resident in Canada, was convicted for operating a large marihuana grow operation with others and theft of electricity. Under s. 36(1)(a) of the Immigration and Refugee Protection Act, permanent residents are inadmissible to Canada for “serious criminality” if they have been “convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed”. The maximum sentence for the marihuana offence was 7 years at the time of the offence but 14 years at the time of Mr. Tran’s conviction. Mr. Tran was given a 12-month conditional sentence order. On October 10, 2013, a delegate of the Minister of Public Safety Canada referred Mr. Tran to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing to determine whether to order his removal from Canada for serious criminality.
Lower court rulings
Federal Court
IMM-7208-13, 2014 FC 1040
Application for judicial review granted
Federal Court of Appeal
A-531-14, 2015 FCA 237
Appeal dismissed
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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Related links
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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