Canada (Minister of Citizenship and Immigration) v. Mugesera

Canada (Minister of Citizenship and Immigration) v. Mugesera Court (s) Database Federal Court of Appeal Decisions Date 2003-02-14 Neutral citation 2003 FCA 84 File numbers A-317-01 Decision Content Date: 20030214 Docket: A-317-01 Neutral citation: 2003 FCA 84 PRESENT: NOËL J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and LÉON MUGESERA GEMMA UWAMARIYA, IRENÉE RUTEMA, YVES RUSI, CARMEN NONO, MIREILLE URUMURI and MARIE-GRACE HOHO Respondents Dealt with in writing without appearance of parties. Order delivered at Ottawa, Ontario, on February 14, 2003. REASONS FOR ORDER BY: NOËL J.A. Date: 20030214 Docket: A-317-01 Neutral citation: 2003 FCA 84 PRESENT: NOËL J.A. BETWEEN: THE MINISTER OF CITIZENSHIP AND IMMIGRATION Appellant and LÉON MUGESERA GEMMA UWAMARIYA, IRENÉE RUTEMA, YVES RUSI, CARMEN NONO, MIREILLE URUMURI and MARIE-GRACE HOHO Respondents REASONS FOR ORDER NOËL J.A. [1] This is an application for leave to intervene by the Canadian Centre for International Justice and by PAGE-RWANDA. The respondents oppose the motion whereas the appellant takes a neutral position. [2] The applicants propose to file a 55 paragraph memorandum to which the respondents will want to respond if leave be granted. The application was filed almost two years after the judgment under appeal was rendered and after of a requisition for hearing had been filed. In this respect, the parties have indicated their availability for an April hearing date in Quebec City. [3] After carefully reviewing the material on file including the applicants' proposed memorandum, I am not convinced that the applicants' participation will assist the Court in disposing of the appeal. In this regard, the appellant appears to be in a position to convey to the Court the full dimension of the legal issues and I am particularly concerned about the appellant's expressed desire to respond to the arguments which the applicants propose to bring. [4] I would add that a proposed intervener has a duty to make its application at the earliest possible opportunity in order to minimize the disruption of the proceedings in which it seeks to participate. In this instance, no explanation of any sort was offered for the lateness of the application. In these circumstances, the Court will obviously be less inclined to disrupt the proceeding in order to accommodate a third party's desire to be heard. [5] The application will accordingly be dismissed. "Marc Noël" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET:A-317-01 STYLE OF CAUSE:Minister of Citizenship and Immigration v. Léon Mugesera et al. DEALT WITH IN WRITING WITHOUT APPEARANCE OF PARTIES REASONS FOR ORDER BY: NOËL J.A. DATED:February 14, 2003 WRITEN RESPRESENTAIONS BY: David MatasFOR THE PROPOSED INTERVENER Louise-Marie CourtemancheFOR THE APPELLANT Guy BertrandFOR THE RESPONDENTS SOLICITORS OF RECORD: David MatasFOR THE PROPOSED Winnipeg (Manitoba)INTERVENER Morris RosenbergFOR THE APPELLANT Deputy Attorney General of Canada Ottawa (Ontario) Guy Bertrand & AssociésFOR THE RESPONDENTS Québec (Québec)