Sivaraj v. Canada ( Minister of Citizenship and Immigration )
IMM-2474-95 / IMM-3284-95 / IMM-3343-95 / IMM-3344-95 / IMM-3349-95
TremblayLamer J.
9/1/96
9 pp.
Motion for stay of execution of removal orders to return applicants to their country, Sri Lanka-Motion to strike statements of claim in each of applicant's files-Applicants' claims for refugee status refused for failure to demonstrate well-founded fear of persecution-Removal orders issued-Applicants filing statement of claim to obtain declaratory relief removal orders violated Charter, ss. 7, 12 and Geneva Conventions Act-Main issue in motions to strike whether applicants correct in seeking declaratory relief by way of action rather than proceeding with application for judicial review-Minister not asked to find provision of Act unconstitutional-Minister under constant obligation to act within Charter-Court, under rules of judicial review, must ensure federal boards act within constitutional standards- Applicants should not have proceeded by way of action to obtain declaratory relief under Charter-Proper procedure by way of applications for judicial review-Applicants also seeking declaratory relief removal orders contravene Geneva Conventions Act-Basic principle of administrative law tribunal has only powers conferred on it by enabling statute-Court, on judicial review, often determined competent jurisdiction of tribunal by interpreting enabling provision-Will be able to examine scope of Minister's power, alleged obligations under Geneva Conventions Act-Motion to strike statements of claim granted-Present actions presumed to have been commenced as applications for judicial review-Tripartite test for stay of removal order met-Request for stay of execution of removal order in judicial review file IMM-2474-95 premature-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 12- Geneva Conventions Act, R.S.C., 1985, c. G-3.