Mabrouki v. Canada (Ministre de la Citoyenneté et de l'Immigration)

• Jurisdiction: Federal Jurisdiction (Canada)
• Judge: Blais, J.
• Date: 15 September 2003
• Citation: (2003), 242 F.T.R. 171 (FC),2003 FC 1104
• Court: Federal Court (Canada)

Mabrouki v. Can. (M.C.I.) (2003), 242 F.T.R. 171 (FC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Temp. Cite: [2003] F.T.R. TBEd. OC.006

Mohsen Mabrouki (demandeur) v. Le Ministre de la Citoyenneté et de l'Immigration (défendeur)

(IMM-3704-03; 2003 FC 1104; 2003 CF 1104)

Indexed As: Mabrouki v. Canada (Ministre de la Citoyenneté et de l'Immigration)

Federal Court

Blais, J.

September 25, 2003.

Summary:

The applicant brought a motion for an in camera hearing and for the documents to be kept confidential. A Prothonotary dismissed the motion. The applicant moved to quash the Prothonotary's order.

The Federal Court dismissed the motion. The court held that it did not have jurisdiction to hear the appeal from the Prothonotary's decision and that even if it had jurisdiction the appeal had no chance of success.

Aliens - Topic 4006

Practice - General principles - Confidentiality orders - The applicant in an immigration matter brought a motion for an in camera hearing and for the documents to be kept confidential - A Prothonotary dismissed the motion - The applicant moved to quash the Prothonotary's order - The applicant suggested that there might be an inconsistency between the immigration rules which provided for confidentiality and the Federal Court Rules which provided that immigration cases be heard publicly - The Federal Court held that there was no contradiction - The Immigration and Refugee Protection Act provided for automatic confidentiality, while the Federal Court Rules provided that hearings and documents were public unless an in camera hearing was ordered on motion and the documents were treated as confidential - See paragraphs 7 to 10.

Courts - Topic 2523

Registrars and Prothonotaries - Jurisdiction - Interlocutory applications - [See Courts - Topic 2582 ].

Courts - Topic 2582

Registrars and Prothonotaries - Appeals from - Jurisdiction - The applicant brought a motion for an in camera hearing and for the documents to be kept confidential - A Prothonotary dismissed the motion - The applicant moved to quash the Prothonotary's order - Relying on s. 18.2 of the Federal Court Act and Federal Court Rule 50(1)(j), the applicant argued that the Prothonotary had no jurisdiction to make the decision as that jurisdiction was conferred on a judge - The Federal Court rejected the argument - The decision on a motion for an in camera hearing and a confidentiality order was not an "interim order" pursuant to rule 50(1)(j) and s. 18.2 of the Act, but rather was an interlocutory order - Rule 50(1)(j) applied to a decision made pursuant to a motion for an interim order, not a motion for an interlocutory decision - The court further concluded that pursuant to s. 72(2)(e) of the Immigration and Refugee Protection Act, it did not have jurisdiction to hear the appeal from the Prothonotary's interlocutory decision - See paragraphs 12 to 26.

Practice - Topic 5779

Judgments and orders - Interlocutory or interim orders or judgments - What constitutes - [See Courts - Topic 2582 ].

Cases Noticed:

Yogalingam v. Canada (Minister of Citizenship and Immigration) (2003), 223 F.T.R. 74 (T.D.), refd to. [para. 23].

Statutes Noticed:

Federal Court Rules, 1998, rule 50(1)(j) [para. 12].

Immigration and Refugee Protection Act, S.C. 2001, c. 27, sect. 72(e) [para. 25].

Counsel:

Denis Girard, for the applicant;

Jocelyne Murphy, for the respondent.

Solicitors of Record:

Denis Girard, Montreal, Quebec, for the applicant;

Morris Rosenberg, Deputy Attorney General of Canada, Montreal, Quebec, for the respondent.

This motion was heard on September 15, 2003, at Montreal, Quebec, before Blais, J., of the Federal Court, who delivered the following decision on September 25, 2003.