Prescod v. Canada (Solicitor General)
Court headnote
Prescod v. Canada (Solicitor General) Court (s) Database Federal Court Decisions Date 2004-08-23 Neutral citation 2004 FC 1167 File numbers IMM-5591-04 Decision Content Date: 20040823 Docket: IMM-5591-04 Citation: 2004 FC 1167 Toronto, Ontario, August 23rd, 2004 Present: The Honourable Mr. Justice von Finckenstein BETWEEN: JULIETTE PRESCOD Applicant and SOLICITOR GENERAL OF CANADA Respondent REASONS FOR ORDER AND ORDER [1] To reflect recent government reorganization changes the style of cause is hereby ordered changed so that the Respondent is now the Solicitor General of Canada. [2] The applicant was scheduled for removal on June 26, 2004. She failed to appear and there is now a warrant for arrest outstanding against her. [3] The Applicant is 30 weeks pregnant and has submitted medical evidence indicating she needs testing for sickle cell anemia and diabetes. Her doctor also advises that in his view any travel by way of forced removal may endanger a safe delivery of the unborn child. [4] The Applicant is asking for a stay of the removal order until her outstanding H & C application has been dealt with. [5] There is no information before the court regarding: a) as to whether she will surrender and when; b) as to when she will be likely arrested; c) what is the likely date for which she will be scheduled for removal; and d) whether, at that the point of the next removal, she will have delivered the baby or not. [6] In light of all of these uncertainties and following Abbas v. …
Read full judgment
Prescod v. Canada (Solicitor General) Court (s) Database Federal Court Decisions Date 2004-08-23 Neutral citation 2004 FC 1167 File numbers IMM-5591-04 Decision Content Date: 20040823 Docket: IMM-5591-04 Citation: 2004 FC 1167 Toronto, Ontario, August 23rd, 2004 Present: The Honourable Mr. Justice von Finckenstein BETWEEN: JULIETTE PRESCOD Applicant and SOLICITOR GENERAL OF CANADA Respondent REASONS FOR ORDER AND ORDER [1] To reflect recent government reorganization changes the style of cause is hereby ordered changed so that the Respondent is now the Solicitor General of Canada. [2] The applicant was scheduled for removal on June 26, 2004. She failed to appear and there is now a warrant for arrest outstanding against her. [3] The Applicant is 30 weeks pregnant and has submitted medical evidence indicating she needs testing for sickle cell anemia and diabetes. Her doctor also advises that in his view any travel by way of forced removal may endanger a safe delivery of the unborn child. [4] The Applicant is asking for a stay of the removal order until her outstanding H & C application has been dealt with. [5] There is no information before the court regarding: a) as to whether she will surrender and when; b) as to when she will be likely arrested; c) what is the likely date for which she will be scheduled for removal; and d) whether, at that the point of the next removal, she will have delivered the baby or not. [6] In light of all of these uncertainties and following Abbas v. Canada (M.C.I.), [2000] F.C.J. 2141, I find that this application is premature. Accordingly it will be dismissed. ORDER THIS COURT ORDERS that this application be dismissed. "K. von Finckenstein" J.F.C. FEDERAL COURT NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: IMM-5591-04 STYLE OF CAUSE: JULIETTE PRESCOD Applicant and SOLICITOR GENERAL OF CANADA Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: AUGUST 23, 2004 REASONS FOR ORDER AND ORDER BY: von FINCKENSTEIN J. DATED: AUGUST 23, 2004 APPEARANCES BY: Mr. Dwight Jenkins FOR THE APPLICANT Ms. Allison Phillips FOR THE RESPONDENT SOLICITORS OF RECORD: Dwight Jenkins Barrister & Solicitor Oshawa, Ontario FOR THE APPLICANT Morris Rosenberg Deputy Attorney General of Canada Toronto, Ontario FOR THE RESPONDENT FEDERAL COURT Date: 20040823 Docket: IMM-5591-04 BETWEEN: JULIETTE PRESCOD Applicant and SOLICITOR GENERAL OF CANADA Respondent REASONS FOR ORDER AND ORDER
Source: decisions.fct-cf.gc.ca