Castano v. Canada (Citizenship and Immigration)

Castano v. Canada (Citizenship and Immigration)
Court (s) Database
Federal Court Decisions
Date
2010-09-15
Neutral citation
2010 FC 922
File numbers
IMM-5229-10
Decision Content
Federal Court
Cour fédérale
Date: 20100915
Docket: IMM-5229-10
Citation: 2010 FC 922
[ENGLISH TRANSLATION]
Ottawa, Ontario, September 15, 2010
PRESENT: The Honourable Mr. Justice Shore
BETWEEN:
Carlos Alberto SALAZAR CASTANO
Applicant
and
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR ORDER AND ORDER
[1] An abuse of process represents not only a breach toward the country’s judicial system, but also toward the country’s legislative and executive branches given the laws passed by the legislative body and the power given to the executive branch to make decisions in accordance with the authority that comes from its own jurisdiction considering the separation of powers.
[2] Federal Court case law has consistently held that the Minister of Immigration has no obligation to defer a removal to allow a decision to be made on a humanitarian and compassionate application.
Considering that it has been consistently held by judges of this Court that there is no obligation upon the respondent to consider a Humanitarian and Compassionate Application prior to removing a person unlawfully in Canada, and that such an application, in and of itself, does not operate to bar his or her removal from Canada (see for example Cuff v. Minister of Citizenship and Immigration (December 1, 1999), IMM-5680-99);
…
Considering, in all the circumstances, that public interest requires that the Deportation Order be executed as soon as reasonably practicable (section 48 of the Immigration Act);
The requested stay is denied and the motion is dismissed.
(Mortimore v. MCI), IMM-3143-00, June 21, 2000 (Pinard J.); also: Raza v. MSPPC, IMM-6554-05, November 7, 2005 at pages 2 and 3; Cortes v. MSPPC, 2006 FC 934 at paragraph 4; Adomako v. MSPPC, 2006 FC 1100 at paragraph 16; Wraich v. MSPPC, IMM-6194-06, November 30, 2006; Sanchez v. MSPPC, IMM-503-07, February 8, 2007; Javier v. MSPPC, 2007 FC 445 at paragraph 11; Duran v. MSPPC, 2007 FC 738; Simoes v. MCI, [2000] F.C.J. No. 936; Bader v. MCI, [2002] F.C.J. No. 408; Pavalaki v. MCI, [1998] F.C.J. No. 338; Davis v. MCI, [2000] F.C.J. No. 1628; Maharaj v. MCI, [2001] F.C.J. No. 786).
[3] Following the motion for a stay heard by Justice Yvon Pinard two days ago, on September 13, 2010, and for which a decision was issued, this second motion for a stay before the Court demonstrates a flagrant abuse of process.
ORDER
THE COURT ORDERS that, given that the lateness of this second last-minute motion in this case is clearly a flagrant abuse of process, the Court will not hear the motion.
“Michel M.J. Shore”
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-5229-10
STYLE OF CAUSE: Carlos Alberto SALAZAR CASTANO
v THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
PLACE: Ottawa, Ontario
DATE OF MOTION
IN WRITING: September 15, 2010
REASONS FOR ORDER
AND ORDER BY: SHORE J.
DATED: September 15, 2010
Roland Carrier
FOR THE APPLICANT
Jocelyne Murphy
FOR THE RESPONDENT
SOLICITORS OF RECORD:
ROLAND CARRIER, counsel
Montréal, Quebec
FOR THE APPLICANT
MYLES J. KIRVAN
Deputy Attorney General of Canada
FOR THE RESPONDENT