Freemantle v. Canada ( Minister of Citizenship and Immigration )
IMM-2323-95
MacKay J.
11/9/95
5 pp.
Application for stay of deportation order issued against applicant-Applicant citizen of Jamaica, permanent resident of Canada-Charged with trafficking in narcotic, sentenced in January 1995 to six months at Maplehurst Institution-Deportation order issued on April 12 pursuant to Immigration Act, s. 32(2)-Applicant would not suffer irreparable harm if stay not granted pending consideration of application for leave and for judicial review-Application for stay not dismissed on ground no serious issue raised by application for leave and for judicial review before Court-Act, s. 82.1 providing application for leave and for judicial review may be filed in Court within 15 days after day on which applicant notified of impugned decision-On eighth day after being informed of decision applicant advised he is to be deported two days later-In interests of justice Court will assume, for purposes of considering application for stay of removal process, that application for leave and judicial review raises serious issue before Court-Desire to fulfil statutory obligations should not bar opportunity for judicial review on formal ground serious issue not made out when Department's expeditious process precludes counsel from working with information necessary to firmly establish that-Those responsible for removals from Canada under Act should abide by spirit of s. 49(1)(c)(i) and should not remove someone subject to deportation order within time limited by Act for applying for leave and for judicial review-Application for stay dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 32(2) (as am. by S.C. 1992, c. 49, s. 21), 49 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 16; S.C. 1990, c. 8, s. 52; 1992, c. 49, s. 41), 82.1 (as enacted by S.C. 1990, c. 8, s. 53; 1992, c. 49, s. 73).