Edmonton Journal v. Canada ( Immigration and Refugee Board, Convention Refugee Determination Division )
IMM-677-95
Jerome A.C.J.
8/11/96
3 pp.
Motion to certify question pursuant to Immigration Act, s. 83(1) and for extension of time-Applicant, reporter with Edmonton Journal, applied to CRDD pursuant to Act, s. 69(2) to have hearing of claim for refugee status conducted in public-Refugee claimant opposed application on basis public hearing would endanger life, liberty or security-CRDD made orders designed to ensure confidentiality of proceedings-Applicants' application for judicial review of orders dismissed, hence application to have following questions certified: (1) Did CRDD exceed jurisdiction by failing to act with procedural fairness and natural justice by making orders without allowing applicants opportunity to present submissions and argument to CRDD?; (2) Did CRDD exceed jurisdiction by failing to act with procedural fairness and natural justice by making order without allowing applicants full access to transcripts and evidence of earlier proceedings of CRDD and should applicants have opportunity to test evidence of refugee applicant applying for confidentiality order?; (3) Whether jurisdiction in CRDD to issue publication ban; (4) If so, did CRDD exceed jurisdiction by infringing applicants' Charter, s. 2(b) fundamental freedoms?-Matter raising serious questions of general importance; appropriate to certify questions proposed by applicants for consideration by F.C.A.-Extension of time also granted-Immigration Act, R.S.C, 1985, c. I-2, ss. 69(2) (as am. by S.C. 1992, c. 49, s. 59), 83(1) (as am. idem)-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], s. 2(b).