Somian v. Canada (Public Safety and Emergency Preparedness)
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Somian v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2008-04-08 Neutral citation 2008 FC 435 File numbers IMM-1509-08 Decision Content Date: 20080408 Docket: IMM-1509-08 Citation: 2008 FC 435 Montréal, Quebec, the 8th day of April 2008 Present: the Honourable Mr. Justice Pinard BETWEEN: ANTHONY SOMIAN Applicant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] After hearing counsel for the parties and reviewing the evidence, I am not satisfied that there is a serious question dealing both with the inadequacies of the reasons given by member Ladouceur and the unreasonableness of his decision. On the contrary, it seems to me that Mr. Ladouceur gave clear, or at least implicit, reasons to justify stricter conditions than those imposed by member Dubé in an earlier decision. It should be noted that the decision in question was based on an assessment of facts to which great deference should be shown and that the reasonableness of the decision must be assessed in accordance with the risk of flight by the applicant and the danger the latter represented to the public. [2] Accordingly, in the circumstances not only did the applicant fail to establish the existence of a serious question, he did not succeed, in view of the danger he poses to public safety, his high risk of committing another offence, the seriousness of the offences he has committed and the severity of the penalty impo…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Somian v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2008-04-08 Neutral citation 2008 FC 435 File numbers IMM-1509-08 Decision Content Date: 20080408 Docket: IMM-1509-08 Citation: 2008 FC 435 Montréal, Quebec, the 8th day of April 2008 Present: the Honourable Mr. Justice Pinard BETWEEN: ANTHONY SOMIAN Applicant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] After hearing counsel for the parties and reviewing the evidence, I am not satisfied that there is a serious question dealing both with the inadequacies of the reasons given by member Ladouceur and the unreasonableness of his decision. On the contrary, it seems to me that Mr. Ladouceur gave clear, or at least implicit, reasons to justify stricter conditions than those imposed by member Dubé in an earlier decision. It should be noted that the decision in question was based on an assessment of facts to which great deference should be shown and that the reasonableness of the decision must be assessed in accordance with the risk of flight by the applicant and the danger the latter represented to the public. [2] Accordingly, in the circumstances not only did the applicant fail to establish the existence of a serious question, he did not succeed, in view of the danger he poses to public safety, his high risk of committing another offence, the seriousness of the offences he has committed and the severity of the penalty imposed on him, in showing that the balance of convenience was in his favour. [3] Accordingly, the stay requested is denied. However, if there is a significant change in the circumstances it will of course be open to the applicant to appeal again. ORDER The applicant’s motion is accordingly dismissed. “Yvon Pinard” Judge Certified true translation Brian McCordick, Translator FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-1509-08 STYLE OF CAUSE: ANTHONY SOMIAN v. MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: April 7, 2008 REASONS FOR ORDER AND ORDER BY: THE HONOURABLE MR. JUSTICE PINARD DATED: April 8, 2008 APPEARANCES: Marcel Dufour FOR THE APPLICANT Lisa Maziade FOR THE RESPONDENT SOLICITORS OF RECORD: Marcel Dufour Ste-Thérèse, Quebec FOR THE APPLICANT John H. Sims, Q.C. Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca
Quebec (Attorney General) v A
[2013] 1 SCR 61