Canales v. Canada (Minister of Citizenship and Immigration), (1996) 114 F.T.R. 281 (TD)

• Judge: MacKay, J.
• Court: Federal Court (Canada)
• Case Date: June 11, 1996
• Jurisdiction: Canada (Federal)
• Citations: (1996), 114 F.T.R. 281 (TD)

Canales v. Can. (M.C.I.) (1996), 114 F.T.R. 281 (TD)

MLB headnote and full text

Emerito Amaya Canales (applicant) v. The Minister of Citizenship and Immigration (respondent)

(IMM-1913-96)

Indexed As: Canales v. Canada (Minister of Citizenship and Immigration)

Federal Court of Canada

Trial Division

MacKay, J.

June 20, 1996.

Summary:

The Minister of Citizenship and Immigration determined that Canales, a Convention refugee from Honduras, constituted a danger to the public under s. 53(1)(a) of the Immigration Act. Canales applied for judicial review of the Minister's decision. Canales applied to stay a deportation order pending the determination of his judicial review application.

The Federal Court of Canada, Trial Division, dismissed the application.

Aliens - Topic 1800

Exclusion and expulsion - Deportation of persons in Canada - Deportation or removal order - Stay of - The Minister of Citizenship and Immigration found that a Convention refugee constituted a danger to the public under s. 53(1)(a) of the Immigration Act and ordered that he be deported to Honduras - He applied for judicial review of the Minister's decision, alleging, inter alia, that s. 53(1)(a) was constitutionally vague - He applied to stay the deportation order pending the determination of his judicial review application - The Federal Court of Canada, Trial Division, held that the refugee raised a serious issue - See paragraphs 13 to 14 - The court refused to grant the stay where the refugee failed to show that he would suffer irreparable harm if he was returned to Honduras - See paragraphs 15 to 16.

Civil Rights - Topic 3107

Trials - Due process, fundamental justice and fair hearings - Void for vagueness doctrine - [See Aliens - Topic 1800 ].

Cases Noticed:

Shayesteh v. Canada (Minister of Citizenship and Immigration) (1996), 112 F.T.R. 161 (T.D.), refd to. [para. 9].

Nguyen v. Minister of Employment and Immigration, [1996] 1 F.C. 696; 151 N.R. 69; 100 D.L.R.(4th) 151; 18 Imm. L.R.(2d) 165 (C.A.), refd to. [para. 9].

Bavi v. Canada (Minister of Citizenship and Immigration) (1996), 106 F.T.R. 153 (T.D.), refd to. [para. 11].

McAllister v. Canada (Minister of Citizenship and Immigration) (1996), 108 F.T.R. 1 (T.D.), refd to. [para. 11].

Tsang et al. v. Canada (Minister of Citizenship and Immigration) (1996), 107 F.T.R. 214 (T.D.), refd to. [para. 12].

Gervasoni v. Canada (Minister of Citizenship and Immigration) (1996), 110 F.T.R. 297 (T.D.), refd to. [para. 12].

Statutes Noticed:

Canadian Charter of Rights and Freedoms, 1982, sect. 12 [para. 9].

Federal Court Act, R.S.C. 1985, c. F-7, sect. 18.2, sect. 51 [para. 1].

Immigration Act, R.S.C. 1985, c. I-2, sect. 53(1)(a) [para. 2].

Counsel:

Jeremy S. Sheppard, for the applicant;

Kathy Ring, for the respondent.

Solicitors of Record:

Jeremy S. Sheppard, Vancouver, British Columbia, for the applicant;

George Thomson, Deputy Attorney General of Canada, Ottawa, Ontario, for the respondent.

This application was heard by teleconference between Ottawa, Ontario, and Vancouver, British Columbia, on June 11, 1996, by MacKay, J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on June 20, 1996, in Ottawa, Ontario.