Date: 20001219
Docket: IMM-6140-00
Calgary, Alberta, this 19th day of December, 2000
| PRESENT: THE HONOURABLE MR. JUSTICE JOHN A. O'KEEFE |
BETWEEN:
SUNIL BHAGWANDASS
Applicant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
O'KEEFE J.
[1] This is a motion by Sunil Bhagwandass (the "applicant") for an order expediting the application for leave and for judicial review. The applicant relies on Rules 8, 32 and 328 of the Federal Court Rules, 1998 and section 21 of the Federal Court Immigration Rules, 1993.
[2] The applicant, also asks, in his motion in the alternative, for an order to have the application for leave and judicial review managed as a specially managed proceeding pursuant to Rule 384 of the Federal Court Rules, 1998.
[3] The applicant is currently being detained at the Calgary Remand Centre on behalf of the Minister of Citizenship and Immigration (the "Minister") pursuant to section 103 of the Immigration Act, R.S.C. 1985, c. I-2 (the "Act").
[4] The applicant is a citizen of Guyana who came to Canada in 1989 and is currently a permanent resident of Canada. On December 2, 1998 the Minister issued an opinion that the applicant constituted a danger to the public pursuant to subsection 70(5) and paragraph 46.01(1)(e) of the Act.
[5] On December 10, 1999 Mr. Justice Gibson of this Court decided that the Minister had breached the principle of fairness in issuing the danger opinion and ordered that the opinion be returned to the Minister for reconsideration. Mr. Justice Gibson's decision has been appealed to the Federal Court of Appeal but no hearing date is yet set.
[6] On November 17, 2000 Adjudicator Paul Kyba held a detention review and ordered that he be detained for a further period of 30 days.
[7] The applicant filed an application for leave and an application for judicial review of this Order of Mr. Kyba. It is this application that he wishes to expedite.
[8] Mr. Kyba made a further Detention Order on December 15, 2000.
ISSUE
[9] Should this Court order the expedited hearing of the leave and application for judicial review?
DECISION
[10] I am of the opinion that in the factual situation of this case, an order to expedite the application should not be granted. My reason for this ruling is the Order which is the subject matter of the judicial review sought to be expedited is no longer in force. It has been replaced by the December 15, 2000 Order. It would be a misuse of the Court's time to issue such an Order since the matter is moot. The December 15, 2000 Order is not the subject of this judicial review application.
[11] I sympathize with the applicant's dilemma as each detention must be reviewed within 30 days and if detention is still considered necessary, a further Detention Order is granted and thus, the Adjudicator's earlier decision to detain, which is the subject of the judicial review, would have ceased to be of effect. Perhaps counsel could, in the future, work out an expedited schedule as was done in Salilar v. Canada (Minister of Citizenship and Immigration) (1995) 31 Imm. L.R. (2d) 299 (F.C.T.D.).
[12] The motion is therefore dismissed.
ORDER
[13] The motion of the applicant is dismissed.
"John A. O'Keefe"
J.F.C.C.
Calgary, Alberta
December 19, 2000
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 20001219
Docket: IMM-6140-00
BETWEEN:
SUNIL BHAGWANDASS
Applicant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: IMM-6140-00
| STYLE OF CAUSE: SUNIL BHAGWANDASS v. MCI |
PLACE OF HEARING: CALGARY, Alberta
DATE OF HEARING: December 18, 2000
REASONS FOR ORDER AND ORDER OF O'KEEFE, J.
DATED: DECEMBER 19, 2000
APPEARANCES:
Mr. Melvin Crowson FOR APPLICANT
Mr. Brad Hardstaff FOR RESPONDENT
SOLICITORS OF RECORD:
Mangat & Company
Calgary, Alberta FOR APPLICANT
Morris A. Rosenberg
Deputy Attorney General
of Canada
Ottawa, Ontario FOR RESPONDENT