Date: 19980605
Docket: IMM-3409-97
BETWEEN:
GHEORGHE GHEORGHITA
also known as
RUBEN SATINGER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
WETSTON J.
1� The applicant seeks judicial review of the opinion dated 3 June 1997, issued pursuant to s. 70(5) of the Immigration Act by a delegate of the Minister that the applicant constitutes a danger to the public in Canada.
2� At issue is whether a serious inconsistency exists between the evidence of the Minister's witnesses, Michelle M.C. Martens and Ernest H. Valentini, concerning whether the applicant received notice of the opinion on 28 April 1997. The applicant's evidence is that he did not receive a copy of the notice of the opinion until 25 July 1997.
3� The evidence of Ms. Martens is that, in the presence of Mr. Valentini, she provided the applicant with notice of the opinion, had him sign a copy of the notice letter, and provided him with the package of documents attached to the notice letter with which he returned to his cell. Her evidence is that on the following day, she provided him with a copy of the signed notice letter. Mr. Valentini's evidence is that he was present when Ms. Martens provided the applicant with the notice letter and package, that he signed the letter and took the package back with him to his cell.
4� In a memo concerning this event, dated two months earlier than his affidavit, Mr. Valentini had indicated that the notice letter had been provided to the applicant by Ms. Martens, and that "He then signed the letter as receiving the information and Ms. Martens gave him a copy of the letter and all other documents that came with it."
5� Regardless of the minor inconsistency between the affidavit evidence of Ms. Martens and Mr. Valentini, and the Valentini memo, in that it is unclear whether the applicant received a copy of the signed notice letter on 28 April 1998 or the following day, it is clear that the evidence of Ms. Martens and Mr. Valentini is in accord concerning the fact that the applicant received notice of the opinion on 28 April 1998.
6� Accordingly, I find that the applicant received notice of the opinion on 28 April 1998.
7� As such, the application for judicial review is dismissed. No question for certification was proposed.
"Howard I. Wetston"
Judge
Toronto, Ontario
June 5, 1998
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-3409-97
STYLE OF CAUSE: GHEORGHE GHEORGHITA
also known as
RUBEN SATINGER
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
DATE OF HEARING: JUNE 3, 1998
PLACE OF HEARING: CALGARY, ALBERTA
REASONS FOR ORDER BY: WETSTON, J.
DATED: JUNE 5, 1998
APPEARANCES:
Ms. D. Jean Munn
For the Applicant
Mr. W. Brad Hardstaff
For the Respondent
SOLICITORS OF RECORD: Major, Caron
1600, 400 - 3rd Avenue S.W.
Calgary, Alberta
T2P 4H2
For the Applicant
George Thomson
Deputy Attorney General of Canada
Department of Justice
Edmonton Regional Office
211 Bank of Montreal
10199-101 Street
Edmonton, Alberta
T5J 3Y4
For the Respondent
FEDERAL COURT OF CANADA
Date: 19980605
Docket: IMM-3409-97
Between:
GHEORGHE GHEORGHITA
also known as
RUBEN SATINGER
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER