Suresh v. Canada ( Minister of Citizenship and Immigration )
A-265-98
Strayer and McDonald JJ.A. and Henry D.J.
18/6/98
6 pp.
Motion for Strayer J.A. to recuse himself based on apprehension of bias-Motions Judge determining under Immigration Act, s. 40.1(4)(d) security certificate issued by two ministers reasonable-In course of appeal from Motions Judge's order pursuant to s. 40.1(8) releasing appellant from detention subject to conditions, Strayer J.A. dismissing motion to enlarge appeal record and to include new evidence arising after release order made-In so doing, Strayer J.A. observed merits of terms of release order within Motions Judge's discretionary power and reviewable only in respect of serious error of principle or complete misapprehension of facts-Motion dismissed-Observation simply stating principles of law relevant to disposition of motion then before Court: as long as exercising discretion consistently with law and having regard to all relevant matters, including pertinent evidence, Judge may exercise discretion by striking balance seeming most appropriate to that Judge, and in such case Court of Appeal should not interfere-Reference to "serious error of principle" simply reference to any error in principle, including error of law including constitutional law-Reasonable and informed person, viewing pronouncement herein in previous interlocutory matter in same appeal, and stating general principle of law as factor in determination of that motion, could not reasonably apprehend bias of constitutional issues subject of appeal itself-Immigration Act, R.S.C., 1985, c. I-2, s. 40.1(4)(d) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4), (8) (as enacted idem).