Polnac v. Canada

Polnac v. Canada

The Application is plainly outside the statutory jurisdiction of the Federal Court and discloses no reasonable cause of action; accordingly, under the exceptional standard in David Bull and applying the ITO jurisdictional test, the Notice of Habeas Corpus is struck and the Application is dismissed.

Source-derived case information.

Citation
2017 FC 818
Parties
Applicant: Stephen Polnac; Respondent: Regina
Court
Federal Court
Jurisdiction
Canada
Judgment Date
8 September 2017
Procedural Posture
Application for Writ of Habeas Corpus / Motion to Strike; Decision on Jurisdiction and Dismissal
Outcome
Notice of Habeas Corpus struck out; Application dismissed; costs awarded against Applicant
Legal Topics
Jurisdiction, Motion to Strike, Judicial Review Under IRPA, Section 10 Charter Rights, Reasonable Cause of Action
Source Language
english
Immigration Law Criminal Procedure Constitutional Law Federal Courts Jurisdiction Habeas Corpus Jurisdiction Motion to Strike Judicial Review Under IRPA +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Stephen Polnac

Applicant

Regina

Respondent

Procedural Posture

Application for Writ of Habeas Corpus / Motion to Strike; Decision on Jurisdiction and Dismissal

Legal Issues

  1. 1 Whether the Federal Court has jurisdiction to grant a writ of habeas corpus in respect of the Applicant's detention arising from provincial criminal proceedings and immigration detention
  2. 2 Whether the Notice of Application discloses a reasonable cause of action such that it should not be struck under the exceptional David Bull rule

Ratio Decidendi

The Application is plainly outside the statutory jurisdiction of the Federal Court and discloses no reasonable cause of action; accordingly, under the exceptional standard in David Bull and applying the ITO jurisdictional test, the Notice of Habeas Corpus is struck and the Application is dismissed.

Court Disposition

Notice of Habeas Corpus struck out; Application dismissed; costs awarded against Applicant

Orders

  • The Notice of Habeas Corpus is struck out.
  • The Application is dismissed.