Wood v. Minister of Employment and Immigration, (1986) 2 F.T.R. 58 (TD)

• Court: Federal Court (Canada)
• Case Date: January 13, 1986
• Jurisdiction: Canada (Federal)
• Citations: (1986), 2 F.T.R. 58 (TD)

Wood v. MEI (1986), 2 F.T.R. 58 (TD)

MLB headnote and full text

Wood v. Minister of Employment and Immigration

(No. T-2700-85)

Indexed As: Wood v. Minister of Employment and Immigration

Federal Court of Canada

Trial Division

Jerome, A.C.J.

February 6, 1986.

Summary:

A deportation order made against Wood was stayed until Wood was placed on probation following a conviction for a criminal offence. Wood applied for prohibition to prohibit execution of the deportation order on the ground that execution would result in violation of the probation order contrary to s. 52(1) of the Immigration Act.

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

Aliens - Topic 1798

Exclusion and expulsion - Deportation of persons in Canada - Deportation order - Execution precluded where another order would be violated - Section 52(1) of the Immigration Act precluded execution of a deportation order where it would result in violation of another judicial order - A deportation order was made against Wood, who was on probation - A probation officer had not yet been designated and there was nothing in the probation order that compelled Wood's presence in Canada or his attendance in court at a specified time and place - The Federal Court of Canada, Trial Division, held that execution of the deportation order would not contravene s. 52(1).

Statutes Noticed:

Immigration Act, S.C. 1976-77, c. 52, sect. 52 [para. 1].

Counsel:

Janet Howard, for the applicant;

M. Doering-Steffen, for the respondents.

Solicitors of Record:

Janet Howard, Toronto, Ontario, for the applicant;

F. Iacobucci, Q.C., Deputy Attorney General of Canada, Ottawa, Ontario, for the respondents.

This application was heard on January 13, 1986, at Toronto, Ontario, before Jerome, A.C.J., of the Federal Court of Canada, Trial Division, who delivered the following judgment on February 6, 1986.