Lewis v. Canada (Public Safety and Emergency Preparedness)

Lewis v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court of Appeal Decisions Date 2008-08-15 Neutral citation 2008 FCA 245 File numbers A-369-08 Decision Content Date: 20080815 Docket: A-369-08 Citation: 2008 FCA 245 Present: NADON J.A. BETWEEN: VENEISHA YOLANDA LEWIS Appellant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent Heard at Ottawa, Ontario (by teleconference) on August 15, 2008. Order delivered at Ottawa, Ontario, on August 15, 2008. REASONS FOR ORDER BY: NADON J.A. Date: 20080815 Docket: A-369-08 Citation: 2008 FCA 245 Present: NADON J.A. BETWEEN: VENEISHA YOLANDA LEWIS Appellant and THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER NADON J.A. [1] This is a motion by the appellant for a stay of removal to Grenada, pending the determination of her appeal to this Court. [2] After hearing the parties’ oral submissions earlier today and after consideration of their written arguments, I conclude that the motion must be denied. [3] I have not been persuaded that the appellant’s removal to Grenada will cause irreparable harm to either her daughter or to herself. What the evidence before me shows is that the appellant’s removal will likely cause them hardship, but, in the circumstances, hardship does not amount to irreparable harm. [4] I am also of the view, for reasons similar to those expressed by Evans J.A. in Palka v. Canada, 2008 FCA 165, at paragraph 22, that the balance of convenience favours the Minister. [5] Because of my conclusions on irreparable harm and the balance of convenience, I need not express my view with respect to the existence of a serious issue. [6] For these reasons, the appellant’s motion for a stay of her removal to Grenada on August 17, 2008, will be denied. “M. Nadon” J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-369-08 STYLE OF CAUSE: VENEISHA YOLANDA LEWIS v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Ottawa, Ontario (by teleconference) DATE OF HEARING: August 15, 2008 REASONS FOR ORDER BY: NADON J.A. DATED: August 15, 2008 APPEARANCES: Ms. Chantal Desloges FOR THE APPELLANT Mr. Bradley Gotkin Mr. David Cranton FOR THE RESPONDENT SOLICITORS OF RECORD: Green and Spiegel Barristers and Solicitors Toronto, Ontario FOR THE APPELLANT John H. Sims, Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT