Date: 20000427
Docket: IMM-1320-00
MONTRÉAL, QUEBEC, THE 27th DAY OF APRIL 2000
PRESENT: RICHARD MORNEAU, PROTHONOTARY
Between:
PARMVIR SINGH
Applicant
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] In a series of files (this one as well as files IMM-1115-00, IMM-1219-00, IMM-1220-00, IMM-1221-00, IMM-1232-00 and IMM-1237-00), by way of written motions under Rule 369 of the Federal Court Rules, 1998, the respondent requests that this Court dismiss the applicants' applications for leave and for judicial review (the Application). The respondent submits it is clear and indisputable that the Application was prepared and drafted by non-parties who are not lawyers and who, therefore, cannot represent the applicant before this Court. This order and these reasons apply mutatis mutandis to each of these files, and a copy of these documents shall be placed in each file.
[2] In her written submissions, the respondent emphasizes that this is an endemic problem in the immigration field and invites the Court to take the opportunity to indicate its disapproval of this alleged illegal practice which brings the administration of justice into disrepute.
[3] Clearly, the Court could not approve of non-lawyers performing activities reserved exclusively for members of the bar. However, even though this may have actually occurred in these files, and although the applicant in every file but this one failed to respond to the respondent's motion, I am not satisfied that the evidence leads to a clear and definite finding that in every file, activities reserved for lawyers were carried out by non-lawyers, or that the applicants cannot be regarded as representing themselves. The respondent has pointed out only some possible signs of such activity. It does not appear that the respondent questioned any interested party in any of the files in order to support her position. Nor does it appear from the files that the respondent informed the authorites responsible for sanctioning unauthorized professional practice about the situation.
[4] Furthermore, even if I were satisfied that unauthorized professional practice is evident from the files, I am not persuaded that the remedy to be granted against the applicants --themselves victims in some way of this illegal representation--would be to dismiss their Application. In light of my finding with respect to the respondent's evidence, I do not need to consider what would be the appropriate remedy or order other than dismissing the Application. The respondent has not suggested any such alternative.
[5] The respondent's motion will therefore be dismissed without costs.
Richard Morneau
Prothonotary
Certified true translation
Mary Jo Egan
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.:
STYLE OF CAUSE:
IMM-1320-00
PARMVIR SINGH
Applicant
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
WRITTEN MOTION CONSIDERED AT MONTRÉAL WITHOUT APPEARANCE BY THE PARTIES
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER:April 27, 2000
WRITTEN SUBMISSIONS BY:
Daniel Latulippe for the respondent
SOLICITORS OF RECORD:
Morris Rosenberg for the respondent
Deputy Attorney General of Canada
Federal Court of Canada
Trial Division
Date: 20000427
Docket: IMM-1320-00
Between:
PARMVIR SINGH
Applicant
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER