Mugesera v. Canada (Minister of Citizenship and Immigration)

Mugesera v. Canada (Minister of Citizenship and Immigration)

The motion was dismissed because the allegations were unsupported and abusive: the Minister acted within lawful rights in seeking leave to appeal, Justice Abella voluntarily recused herself, no reasonable apprehension of bias as to the remaining members of the Court was established, and the stay remedy was not warranted.

Citation
2005 SCC 39
Parties
Appellant/respondent on Motion: Minister of Citizenship and Immigration; Respondents/applicants: Léon Mugesera, Gemma Uwamariya, Irenée Rutema, Yves Rusi, Carmen Nono, Mireille Urumuri and Marie‑Grâce Hoho; Interveners: League for Human Rights of B’nai Brith Canada; PAGE RWANDA; Canadian Centre for International Justice; Canadian Jewish Congress; University of Toronto, Faculty of Law – International Human Rights Clinic; Human Rights Watch
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
28 June 2005
Procedural Posture
Immigration Appeal / Motion for Permanent Stay of Proceedings (pre Hearing of Appeal)
Outcome
Motion dismissed
Legal Topics
Deportation, Stay of Proceedings, Recusal, Judicial Bias, Ministerial Decision to Appeal
Source Language
English
Immigration Law Administrative Law Judicial Impartiality Abuse of Process Deportation Stay of Proceedings Recusal Judicial Bias +1 more

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Parties

Minister of Citizenship and Immigration

Appellant/respondent on Motion

Léon Mugesera, Gemma Uwamariya, Irenée Rutema, Yves Rusi, Carmen Nono, Mireille Urumuri and Marie‑Grâce Hoho

Respondents/applicants

League for Human Rights of B’nai Brith Canada; PAGE RWANDA; Canadian Centre for International Justice; Canadian Jewish Congress; University of Toronto, Faculty of Law – International Human Rights Clinic; Human Rights Watch

Interveners

Procedural Posture

Immigration Appeal / Motion for Permanent Stay of Proceedings (pre Hearing of Appeal)

Legal Issues

  1. 1 Whether a permanent stay should be granted for alleged abuse of process by government ministers in seeking an appeal
  2. 2 Whether the alleged influence by third‑party organizations and the appointment of a judge created a reasonable apprehension of bias as to the whole Court
  3. 3 Whether the voluntary recusal of one justice requires recusal of the remaining members of a collegial court

Ratio Decidendi

The motion was dismissed because the allegations were unsupported and abusive: the Minister acted within lawful rights in seeking leave to appeal, Justice Abella voluntarily recused herself, no reasonable apprehension of bias as to the remaining members of the Court was established, and the stay remedy was not warranted.

Court Disposition

Motion dismissed

Orders

  • Motion dismissed with costs.