IMM-2389-97
B E T W E E N:
LEROY ANTHONY SMITH
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Defendant
REASONS FOR ORDER AND ORDER
GILES, A.S.P.:
The plaintiff has brought an action which seeks initially declaratory relief and then compensation for the actions of the Minister sought to be impugned. The Crown has moved to strike the claim here as revealing no cause of action. In the Minister's submission references is made to a number of proceedings and decisions of this Court in those proceedings. I question whether I can consider these earlier proceedings if they are not pleadings in the statement of claim or documents referred to therein.
From the statement of claim I determine that the plaintiff complains of the decision to deny him bail made by Immigration authorities responsible to the Minister. The decision to deny bail can only be impugned by judicial review proceedings and cannot be the subject of an action. The claim should therefore be struck out.
ORDER
The statement of claim is struck out as disclosing no cause of action.
"Peter A.K. Giles"
A.S.P.
Toronto, Ontario
August 19, 1997
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
COURT NO: IMM-2389-97
STYLE OF CAUSE: LEROY ANTHONY SMITH
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
CONSIDERED AT TORONTO, ONTARIO UNDER THE PROVISION OF RULE 324.
REASONS FOR ORDER
AND ORDER BY: GILES, A.S.P.
DATED: AUGUST 19, 1997
SOLICITORS OF RECORD:
MR. LEROY ANTHONY SMITH
c/o West Detention Centre
111 Disco Road
Rexdale, Ontario
M9W 5L6
Plaintiff in person
Ms. Ann Margaret Oberst
Department of Justice
George Thomson
Deputy Attorney General
of Canada
Solicitor for the Defendant
FEDERAL COURT OF CANADA
Court No.: IMM-2389-97
Between:
LEROY ANTHONY SMITH
Plaintiff
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Defendant
REASONS FOR ORDER AND ORDER