Date: 19971114
Docket: IMM-649-97
Ottawa, Ontario, the 14th day of November 1997
Present: THE HONOURABLE MADAME JUSTICE TREMBLAY-LAMER
Between:
ABDELKADER TOUITA,
Applicant,
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
ORDER
The application for judicial review is dismissed.
| Danièle Tremblay-Lamer |
| JUDGE |
Certified true translation
Stephen Balogh
Date: 19971114
Docket: IMM-649-97
Between:
ABDELKADER TOUITA,
Applicant,
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION,
Respondent.
REASONS FOR JUDGMENT
TREMBLAY-LAMER J.
[1] This is an application for judicial review of a decision by the Convention Refugee Determination Division dismissing a motion to reopen the applicant"s claim.
[2] The panel held that there had been no violation of the principles of natural justice at the hearing into the applicant"s claim. It concluded that the interpretation problems had been resolved and that the applicant"s right to a fair trial had not been infringed:1
| [TRANSLATION] The applicant submits that he was unable to understand what was said at his hearings due to interpretation problems. This panel notes that the problems in question were raised at the hearing and that the panel that heard the claim took them into consideration, requesting that the interpreter"s work be verified and that a new interpreter be assigned for the remainder of the hearing. This panel notes that the panel that heard the claim did everything necessary to resolve the interpretation problems that arose. In light of the foregoing, it is in our view clear that no violation of natural justice occurred as regards interpretation at the hearings necessitated by the applicant"s claim. |
[3] In my view, the effort made by the panel to correct the interpretation problems was sufficient to guarantee observance of the right to a fair trial, since it returned the hearing to square one. The following appears in the transcript of the hearing on April 12, 1995:2
| [TRANSLATION] In light of the finding concerning translation at the hearing, we are going to "scrap" all the proceedings and start over again. |
[4] What is more, the applicant raised no problems relating to interpretation after the hearing resumed.
[5] As for the complaint by counsel for the applicant concerning translation of the PIF, the panel is in my view under no obligation, whether statutory or based on a principle of natural justice, to verify, at the hearing, the accuracy of a translation of the applicant"s evidence where it has already been translated by an interpreter who certifies that the applicant understood its content.
[6] For these reasons, the application for judicial review is dismissed. Counsel submitted the following question for certification:
| [TRANSLATION] In hearing a refugee claim in respect of which the claimant has expressly requested the assistance of an interpreter, must the panel ensure that the claimant understands adequately the content of his or her Personal Information Form (P.I.F.), as documentary evidence? |
[7] Counsel for the respondent objected on the ground that this is not a question of general importance. I agree completely. No question will be certified.
| Danièle Tremblay-Lamer |
| JUDGE |
OTTAWA, ONTARIO
November 14, 1997
Certified true translation
Stephen Balogh
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORDS
COURT NO.: IMM-649-97
STYLE OF CAUSE: ABDELKADER TOUITA v. M.C.I.
PLACE OF HEARING: Québec, Quebec
DATE OF HEARING: November 6, 1997
REASONS FOR ORDER BY TREMBLAY-LAMER J.
DATED: November 14, 1997
APPEARANCES:
Takioullah Eidda FOR THE APPLICANT
Pascale-Catherine Guay FOR THE RESPONDENT
SOLICITORS OF RECORD:
Blanchet, Godin & Ass. FOR THE APPLICANT
Québec, Quebec
George Thomson FOR THE RESPONDENT
Deputy Attorney General of Canada
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