Date: 19990630
Docket: IMM-2945-99
MONTRÉAL, QUEBEC, THE 30th DAY OF JUNE 1999
PRESENT: THE HONOURABLE MR. JUSTICE DUBÉ
BETWEEN: FRANTZ JENNY LOUIS
Applicant
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
O R D E R
The motion for a stay is dismissed.
J.E. Dubé
Judge
Certified true translation
M. Iveson
Date: 19990630
Docket: IMM-2945-99
Between:
FRANTZ JENNY LOUIS
Applicant
AND:
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER
DUBÉ J.
[1] This is an urgent motion for a stay of a removal order issued on December 18, 1998. The application for leave to commence an application for judicial review, the principal relief under the applicant"s motion, challenges not the validity of the removal order, but the validity of the Minister"s decision that the applicant constitutes a danger to the public.
[2] The 21 year-old applicant has a substantial criminal record and has already spent three years in prison. The notice of intent sent to the applicant in accordance with subsection 70(5) of the Immigration Act, which states that he constitutes a danger to the public in Canada, indicates that the Minister (or the Minister"s representative) had before him eight documents with regard to the applicant"s past and the proceedings brought against him. Under the circumstances, it does not appear that the Minister"s decision was made in an unreasonable manner.
[3] With respect to the issue of irreparable harm, the applicant claims that returning him to Haiti before a decision on his application for judicial review would cause irreparable harm to himself, his common-law partner and unborn child, as the applicant is the principal income earner for his partner. Furthermore, if the applicant were required to return to Haiti, he would not have the benefit of either the support of his family or the social and community assistance network he enjoys in Canada.
[4] It is clearly established in the case law that in order to warrant the stay of a removal order, irreparable harm must be much more substantial and more serious than purely personal inconvenience. It must be based on a threat to the life or security of the person, or an obvious threat of ill treatment in the country of origin.
[5] In the instant case, the applicant has not established that there is a serious question to be tried or that he would suffer irreparable harm if he were returned to Haiti. The balance of convenience also tips in favour of the Minister. The primary objective of an opinion that a person constitutes a danger to the public is to protect all Canadians. The case law requires that when a person is a habitual criminal, the balance of convenience favours the Canadian public interest.
[6] Accordingly, this motion for a stay cannot be allowed.
J.E. Dubé
Judge
MONTRÉAL, QUEBEC
June 30, 1999
Certified true translation
M. Iveson
| Federal Court of Canada |
| Trial Division |
| Date: 19990630 |
| Docket: IMM-2945-99 |
| Between: |
| FRANTZ JENNY LOUIS |
| Applicant |
| AND: |
| MINISTER OF CITIZENSHIP |
| AND IMMIGRATION |
| Respondent |
| REASONS FOR ORDER |
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-2945-99
STYLE OF CAUSE: FRANTZ JENNY LOUIS
Applicant
AND:
MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: June 28, 1999
REASONS FOR ORDER OF DUBÉ J.
DATED June 30, 1999
APPEARANCES:
Daphnée Armand for the applicant
Josée Paquin for the respondent
SOLICITORS OF RECORD:
Daphnée Armand for the applicant
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General
of Canada
Montréal, Quebec