Canada Case Law

Talukder v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court of Appeal

The motions to intervene were dismissed because the proposed interveners failed the Rule 109 usefulness test: their submissions would largely duplicate the appellant's detailed memorandum, risk raising new issues beyond the notice of appeal (including broad international law matters and evidence not in the record), could cause delay, and are unnecessary to resolve the narrow certified question on the heightened 'specific intent' requirement for organizations alleged to have engaged in terrorism; only international law that directly assists in deciding that specific question is permissible.

Source excerpt

• Interveners and rule 109
• Interpretation of s.34(1) irpa
• Specific intent requirement for organizations alleged to engage in terrorism
• Inadmissibility on terrorism grounds
• Usefulness test for intervention
• Scope of appellate issues

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Canada (Public Safety and Emergency Preparedness) v. CM

Court

Federal Court

The Federal Court granted judicial review of an Immigration Division release order, finding the reasons unreasonable for failing to address key risk evidence and for imposing conditions not in place.

• Detention review
• Release conditions
• Organized criminality
• Reasonableness review
• Evidence admissibility
• Mootness

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Dorn v. His Majesty the King

Court

Nova Scotia Provincial Court

On the record as amplified, the CFO's decision to revoke the applicant's firearms licence was reasonable and justified because credible and corroborative evidence of threats, significant family discord, problematic alcohol use, and medical disclosure indicating risk to self or others provided good and sufficient reasons under s.5(1), s.5(2) and s.70(1) to revoke; the applicant failed to discharge the onus to show the decision was unreasonable.

Source excerpt

• Revocation of firearms licence
• Eligibility under s.5 firearms act
• Standard of review: reasonableness
• Medical disclosure and fitness to possess firearms
• Investigation and reliance on hearsay

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Canada (Public Safety and Emergency Preparedness) v. Abdi

Court

Federal Court

The Federal Court dismissed the Minister’s motion to stay Abdi’s release from detention, finding no serious issue, irreparable harm, or balance of convenience.

• Removal
• Detention review
• Nexus to immigration purpose
• Travel documents
• Conditional release
• Electronic monitoring

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Erhire v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court granted a stay of removal, finding serious questions about the deferral refusal, irreparable harm from removal, and that clean hands did not bar relief.

• Stay of removal
• Deferral of removal
• Procedural fairness
• Irreparable harm
• Clean hands doctrine
• Detention review

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Obaseki v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

The Federal Court stayed Joshua Obaseki’s removal to Nigeria, finding a seriously arguable issue in the CBSA officer’s handling of new risk evidence.

• Stay of removal
• Deferral of removal
• Risk assessment
• Credible basis finding
• Sexual orientation persecution
• Medical incapacity (diabetes)

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XY v. Canada (Public Safety and Emergency Preparedness)

Court

Federal Court

Judicial review of CBSA s. 44 decisions concerning organized criminality, disclosure, and procedural fairness. The Court set aside both decisions and remitted the matter.

• Inadmissibility
• Organized criminality
• Procedural fairness
• Disclosure obligations
• Non-refoulement
• Section 44 irpa

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Canada (Public Safety and Emergency Preparedness) v. Kalombo

Court

Federal Court

Federal Court granted a stay of an Immigration Division release order, finding a strong prima facie case on judicial review, irreparable harm, and balance of convenience.

• Immigration detention
• Stay of tribunal order
• Judicial review
• Pre-removal risk assessment (prra)
• Identity fraud
• Danger to the public

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Canada (Public Safety and Emergency Preparedness) v. Smith

Court

Federal Court

The Federal Court stayed an immigration release order, finding serious issues about Charter remedy, release conditions, irreparable harm, and public safety.

• Detention
• Stay of release
• Charter s.12 cruel and unusual treatment
• S.24(1) charter remedies
• Judicial review
• Conditions of release

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Jesudoss v. British Columbia (Superintendent of Motor Vehicles)

Court

Supreme Court of British Columbia

The court dismissed judicial review of an IRP decision, finding the adjudicator reasonably concluded Mr. Jesudoss was in care and control of his vehicle.

• Care and control
• Roadside screening
• Immediate roadside prohibition
• Judicial review
• Standard of review (reasonableness)
• Judicial-review

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