Jaballah (Re)

Jaballah (Re)

Because the agreed statement of facts shows the basement apartment has multiple wireless signals and internet-capable devices that will remain when supervisors are absent, the court cannot dispense with contact switches; absent assurances that no internet-capable devices will be present when the apartment is unoccupied, the contact-switch requirement remains.

Citation
2010 FC 742
Parties
Subject/applicant: Mahmoud Es-Sayyid Jaballah; Respondents: Minister of Citizenship and Immigration; Minister of Public Safety and Emergency Preparedness; Special Advocate: John Norris
Court
Federal Court
Jurisdiction
Canada
Judgment Date
13 July 2010
Procedural Posture
Referral of Certificate Under the Immigration and Refugee Protection Act (judicial Review of Release Conditions) / Supplementary Reasons for Order Following Initial Reasons (2010 FC 507) and Agreed Statement of Facts
Outcome
Order issued embodying earlier reasons (2010 FC 507) and these supplementary reasons; request to remove supervision denied; contact switches on basement apartment doors required to remain.
Legal Topics
Section 77 Referral, Section 82(4) Release Conditions, Evidentiary Basis for Conditions, Electronic Communications Monitoring
Source Language
English
Immigration Law Administrative Law Evidence Law Conditions of Release Section 77 Referral Section 82(4) Release Conditions Evidentiary Basis for Conditions Electronic Communications Monitoring

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Parties

Mahmoud Es-Sayyid Jaballah

Subject/applicant

Minister of Citizenship and Immigration; Minister of Public Safety and Emergency Preparedness

Respondents

John Norris

Special Advocate

Procedural Posture

Referral of Certificate Under the Immigration and Refugee Protection Act (judicial Review of Release Conditions) / Supplementary Reasons for Order Following Initial Reasons (2010 FC 507) and Agreed Statement of Facts

Legal Issues

  1. 1 Whether supervision requirement for residence can be removed given presence of internet access and internet-capable devices in basement apartment
  2. 2 Whether contact switches on basement apartment doors are required to mitigate risk
  3. 3 Whether agreed statement of facts provides sufficient evidentiary basis to modify conditions

Ratio Decidendi

Because the agreed statement of facts shows the basement apartment has multiple wireless signals and internet-capable devices that will remain when supervisors are absent, the court cannot dispense with contact switches; absent assurances that no internet-capable devices will be present when the apartment is unoccupied, the contact-switch requirement remains.

Court Disposition

Order issued embodying earlier reasons (2010 FC 507) and these supplementary reasons; request to remove supervision denied; contact switches on basement apartment doors required to remain.

Orders

  • Maintain requirement for contact switches on doors of the basement apartment
  • Order embodies earlier reasons (2010 FC 507) and these supplementary reasons