Burton v. Canada
T-457-93
Rouleau J.
15/3/94
4 pp.
Application to strike out amended statement of claim pursuant to Federal Court Rules, R. 419(1)(a) -- Amended statement of claim seeking declaration no employment authorizations may be granted permitting employment of other than Canadian citizens or permanent residents on Nordic Challenger as long as available qualified unemployed seamen in Eastern Canada -- Immigration Regulations, 1978, s. 20 prohibiting immigration officer from issuing employment authorization where certain conditions exist or unless applicant for employment authorization meeting requirements of provision-Parliament thereby delegating discretionary power to grant or refuse to grant employment authorization to immigration officers -- Although manner in which power exercised may be subject to judicial review to ensure principles of fairness and natural justice, not in Court's power to prevent immigration officers from performing statutory duty by issuing declaration sought -- Plaintiffs have interest entitling them to sustain action -- Application dismissed, but prayer for relief struck-Immigration Regulations, 1978, SOR/78-172, s. 20 -- Federal Court Rules, C.R.C., c. 663, R. 419(1)(a).