Thamotharampillai v. Canada (Public Safety and Emergency Preparedness)

Thamotharampillai v. Canada (Public Safety and Emergency Preparedness)
Court (s) Database
Federal Court Decisions
Date
2015-07-16
Neutral citation
2015 FC 818
File numbers
IMM-2445-14
Decision Content
Date: 20150716
Docket: IMM-2445-14
Citation: 2015 FC 818
Ottawa, Ontario, July 16, 2015
PRESENT: The Honourable Mr. Justice Zinn
BETWEEN:
PAKEERATHAN THAMOTHARAMPILLAI
Applicant
and
THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
Respondent
AMENDED JUDGMENT AND REASONS
[1] This is an application for judicial review of a decision of an enforcement officer refusing to defer the removal of the applicant to Sri Lanka.
[2] On April 9, 2014, the court granted the applicant a stay of the removal order made against him, then scheduled for execution on April 12, 2014, on the basis that he had raised a serious issue as to whether the removal could legally be done prior to him having a fresh pre-removal risk assessment [PRRA].
[3] By letter dated June 11, 2015, the respondent advised the applicant and the court that Canada Border Services Agency has decided to defer removal until the applicant’s PRRA application of April 2014, has been determined. This decision provides the applicant with the remedy he is seeking in this application; accordingly, this application is moot as there is no live controversy between the parties. The court has turned its mind as to whether, notwithstanding the mootness of the application, it ought to exercise its discretion to hear the matter: Borowski v Canada (Attorney General), [1989] 1 S.C.R. 342 and finds that there is no compelling reason to do so. Accordingly, this application must be dismissed.
[4] The court wishes to address comments made in the applicant’s materials that were disparaging of the conduct of counsel for the respondent. There was nothing in the record reviewed by the court that would suggest that there is any foundation to the comments made. They are without merit. They are hurtful to the barrister to whom they were directed, and are harmful to the legal profession as whole.
JUDGMENT
THIS COURT’S JUDGMENT is that the application is dismissed as moot.
"Russel W. Zinn"
Judge
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET:
IMM-2445-14
STYLE OF CAUSE:
PAKEERATHAN THAMOTHARAMPILLAI v THE MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
PLACE OF HEARING:
Toronto, ontario
DATE OF HEARING:
june 29, 2015
amended JUDGMENT AND REASONS:
ZINN J.
DATED:
july 16, 2015
APPEARANCES:
Barbara Jackman
For The Applicant
Bradley Bechard
For The Respondent
SOLICITORS OF RECORD:
Jackman, Nazami & Associates
Barristers & Solicitors
Toronto, Ontario
For The Applicant
William F. Pentney
Deputy Attorney General of Canada
Toronto, Ontario
For The Respondent