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Canada ( Minister of Citizenship and Immigration ) v. Katriuk

T-2408-96

Muldoon J.

3/12/98

5 pp.

Motion to stay proceedings in case of citizenship revocation where Trial Judge has only to render decision-Mover Narvey public interest advocate purporting to represent not only himself but also unincorporated association (within meaning of r. 2) Coalition of Concerned Congregations on the Law Relating to War Crimes and Crimes Against Humanity Including Those of the Holocaust-Congregations' written consent required by rr. 104(1)(b), 109, 114, 119, 120 missing-Narvey denied intervener status when sought to stay Trial Judge's rendering of judgment on basis of alleged apprehension of bias-Narvey appealed denial of standing and brought present motion to stay all proceedings in main case-True meaning of staying proceedings to silence Trial Judge-Court has no power to prevent superior court judge of even jurisdiction from rendering decision-Only courts of appeal empowered to do so-Furthermore, this Court habitually declines to stay proceedings, including even enforcement proceedings, pending appeal-Motion to stay dismissed, with costs-Federal Court Rules, 1998, SOR/98-106, rr. 2, 104(1)(b), 109, 114, 119, 120.

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