VB5-03668

VB5-03668

The Minister's Notice of Intervention did not comply with Rule 29(2)(a) because merely listing intended actions at a hearing (present evidence, question witnesses, make representations) does not state the purpose/reason for intervening; therefore the Minister is not a party to the claim until a compliant Notice is filed, and must file a compliant Notice by the Rule 29(4) deadline to become a party.

Citation
VB5-03668
Parties
Claimant: XXXX XXXX XXXX XXXX; Intervenor: Minister of Public Safety and Emergency Preparedness
Court
Refugee Protection Division
Jurisdiction
Canada
Judgment Date
4 May 2016
Procedural Posture
Refugee Protection Claim / Interlocutory Decision on Notice of Intervention Compliance
Outcome
Notice of Intervention found non‑compliant with Rule 29(2)(a); Minister is not a party to the claim until a compliant notice is filed; Minister must file a compliant Notice by the Rule 29(4) deadline to become a party.
Legal Topics
Notice of Intervention, Rule 29(2)(a) Interpretation, Intervention Procedure, Disclosure Obligations, Exclusion Grounds
Source Language
English
Refugee Law Immigration Law Administrative Law Procedural Fairness Notice of Intervention Rule 29(2)(a) Interpretation Intervention Procedure Disclosure Obligations +1 more

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Parties

XXXX XXXX XXXX XXXX

Claimant

Minister of Public Safety and Emergency Preparedness

Intervenor

Procedural Posture

Refugee Protection Claim / Interlocutory Decision on Notice of Intervention Compliance

Legal Issues

  1. 1 Whether Rule 29(2)(a) requires the Minister to state the reason/purpose for intervening beyond listing intended actions
  2. 2 Whether the Minister's Notice of Intervention satisfied Rule 29(2)(a)
  3. 3 Consequences of non‑compliance with Rule 29(2)(a) for party status

Ratio Decidendi

The Minister's Notice of Intervention did not comply with Rule 29(2)(a) because merely listing intended actions at a hearing (present evidence, question witnesses, make representations) does not state the purpose/reason for intervening; therefore the Minister is not a party to the claim until a compliant Notice is filed, and must file a compliant Notice by the Rule 29(4) deadline to become a party.

Court Disposition

Notice of Intervention found non‑compliant with Rule 29(2)(a); Minister is not a party to the claim until a compliant notice is filed; Minister must file a compliant Notice by the Rule 29(4) deadline to become a party.

Orders

  • Minister's Notice of Intervention dated December 31, 2015 is not in compliance with Rule 29(2)(a)
  • Minister is not a party to the refugee claim at this time