Reza v. Minister of Employment and Immigration, (1994) 167 N.R. 282 (SCC)

• Judge: Gonthier, Cory, McLachlin and Major, JJ.
• Court: Supreme Court (Canada)
• Case Date: April 25, 1994
• Jurisdiction: Canada (Federal)
• Citations: (1994), 167 N.R. 282 (SCC);[1994] SCJ No 49 (QL);116 DLR (4th) 61;48 ACWS (3d) 309;24 Imm LR (2d) 117;1994 CanLII 91 (SCC);167 NR 282;18 OR (3d) 640;JE 94-971;72 OAC 348;[1994] 2 SCR 394;22 Admin LR (2d) 79;21 CRR (2d) 236

Reza v. MEI (1994), 167 N.R. 282 (SCC)

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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Her Majesty The Queen in Right of Canada and the Minister of Employment and Immigration (appellants) v. Reza (respondent) and The Attorney General of Quebec and the Canadian Council for Refugees (interveners)

(File No. 23361)

Indexed As: Reza v. Minister of Employment and Immigration

Supreme Court of Canada

La Forest, L'Heureux-Dubé, Sopinka,

Gonthier, Cory, McLachlin and Major, JJ.

June 9, 1994.

Summary:

Reza claimed to be a Convention refugee. A panel concluded that there was no credible basis for the claim and refused to refer it to the Refugee Division. Reza applied under s. 28 of the Fed­eral Court Act for leave to com­mence a proceeding to set aside the decision.

The Federal Court of Appeal dismissed the application. Reza initiated several reviews for humanitarian and compassionate relief, under the Immigration Act (s. 114(2)) which were refused. Reza applied for leave under s. 18 of the Federal Court Act to commence a proceeding to quash the refusals.

The Federal Court, Trial Division, dis­missed the application. Reza applied under rules 14.05(3)(g) and 14.05(3)(ga) of the Ontario Rules of Civil Procedure for a dec­laration that provisions of the Immigration Act viol­ated his Charter rights and for con­sequential injunctive relief.

Where the Federal Court had concurrent jurisdiction, the Ontario Court, General Division, declined to exercise its jurisdiction and stayed the application. Reza appealed.

The Ontario Court of Appeal, Abella, J.A., dissenting, allowed the appeal. The Crown appealed.

The Supreme Court of Canada allowed the appeal.

Courts - Topic 2166

Jurisdiction - Limitations - Exercise of concurrent jurisdiction - [See Courts - Topic 5609 ].

Courts - Topic 5609

Provincial courts - General - Concurrent jurisdiction - Assumption of jurisdiction - Refusal of - A Convention refugee claim­ant, exhausted the Federal Court's review and appeal process available under the Immigration Act - Attempts for relief on humanitarian and compassionate grounds were unsuccessful - He applied, as of right, to the Ontario Court, General Divi­sion, alleging that the Act violated his constitutional rights - The court declined to exercise jurisdiction where the Federal Court had discretion to hear the matter and stayed proceedings - The Supreme Court of Canada concluded that the trial judge took into account all relevant consider­ations in exercising his discretion under s. 106 of the Courts of Justice Act to stay proceedings and, accordingly, there was no basis for an appellate court to interfere with that decision.

Courts - Topic 5683

Provincial courts - Jurisdiction - Re con­stitutionality of statutes - [See Courts - Topic 5609 ].

Cases Noticed:

R. v. Mills, [1986] 1 S.C.R. 863; 67 N.R. 241; 16 O.A.C. 81; 52 C.R.(3d) 1; 26 C.C.C.(3d) 481; 29 D.L.R.(4th) 161; 21 C.R.R. 76, refd to. [para. 11].

Maynard v. Maynard, [1951] S.C.R. 346, refd to. [para. 15].

Peiroo v. Minister of Employment and Immigration (1989), 34 O.A.C. 43; 69 O.R.(2d) 253 (C.A.), refd to. [para. 16].

Friends of the Oldman River Society v. Canada (Minister of Transport and Min­ister of Fisheries and Oceans), [1992] 1 S.C.R. 3; 32 N.R. 321; [1992] 2 W.W.R. 193, refd to. [para. 20].

Metropolitan Stores (MTS) Ltd. v. Manitoba Food and Commercial Workers, Local 832 and Labour Board (Man.), [1987] 1 S.C.R. 110; 73 N.R. 341; 46 Man.R.(2d) 241; 38 D.L.R.(4th) 321; 18 C.P.C.(2d) 273; 25 Admin. L.R. 20, refd to. [para. 20].

Kourtessis et al. v. Minister of National Revenue et al., [1993] 2 S.C.R. 53; 153 N.R. 1; 27 B.C.A.C. 81; 45 W.A.C. 81; [1993] 4 W.W.R. 225, refd to. [para. 21].

Statutes Noticed:

Canadian Bill of Rights, R.S.C. 1985, App. III, sect. 2(e) [para. 4].

Canadian Charter of Rights and Freedoms, 1982, sect. 7 [paras. 4, 5]; sect. 12 [para. 5]; sect. 15, sect. 24(1) [para. 4].

Courts of Justice Act, R.S.O. 1990, c. C-43, sect. 106 [para. 21].

Immigration Act, R.S.C. 1985 (4th Supp.), c. 28, sect. 43(1), sect. 44(1), sect. 48 [para. 4].

Immigration Act, R.S.C. 1985, c. I-2, sect. 82.1, sect. 82.2 [para. 4].

Counsel:

J.E. Thompson, Q.C., and Donald A. MacIntosh, for the appellants;

Mel Green, Barbara Jackman and Carter Hoppe, for the respondent;

Françoise Saint-Martin, for the intervener, the Attorney General of Quebec;

Jean-François Goyette, for the intervener, the Canadian Council for Refugees.

This application was heard on April 25, 1994, before La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Major, JJ., of the Supreme Court of Canada.

The court delivered judgment on June 9, 1994.