Bedada v. Canada (Solicitor General)

Bedada v. Canada (Solicitor General)

The application was dismissed on the basis of mootness because the applicant had been deported and thus there was no longer a live controversy; the Court exercised its discretion not to decide the constitutional challenge and declined to read‑in legislative language absent a meaningful impact on the litigant.

Citation
2007 FC 121
Parties
Applicant: Daniel Bedada; Respondent: Solicitor General
Court
Federal Court
Jurisdiction
Canada
Judgment Date
5 February 2007
Procedural Posture
Judicial Review / Judgment (dismissed for Mootness)
Outcome
application dismissed for mootness
Legal Topics
Day Parole Eligibility, Removal (deportation) Order, Charter Ss.7, 9, 15, Mootness Doctrine, Reading‑in Remedy
Source Language
English
Immigration Law Corrections and Conditional Release Charter of Rights and Freedoms Administrative Law Day Parole Eligibility Removal (deportation) Order Charter Ss.7,9,15 Mootness Doctrine +1 more

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Parties

Daniel Bedada

Applicant

Solicitor General

Respondent

Procedural Posture

Judicial Review / Judgment (dismissed for Mootness)

Legal Issues

  1. 1 Whether s.128(4) of the Corrections and Conditional Release Act violates ss.7, 9 or 15 of the Charter
  2. 2 Whether any Charter breach could be justified under s.1
  3. 3 Whether the Court should exercise its discretion to decide the constitutional issues despite mootness

Ratio Decidendi

The application was dismissed on the basis of mootness because the applicant had been deported and thus there was no longer a live controversy; the Court exercised its discretion not to decide the constitutional challenge and declined to read‑in legislative language absent a meaningful impact on the litigant.

Court Disposition

application dismissed for mootness

Orders

  • Application for judicial review dismissed without costs on the basis of mootness