Sibomana v. Canada

Sibomana v. Canada
Court (s) Database
Federal Court of Appeal Decisions
Date
2018-01-16
Neutral citation
2018 FCA 13
File numbers
A-108-17
Decision Content
Date: 20180116
Docket: A-108-17
Citation: 2018 FCA 13
[ENGLISH TRANSLATION]
CORAM:
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
BETWEEN:
JEAN PIERRE MARTIN SIBOMANA
JEANNETTE MUKASINE
CHANTAL UWIDUHAYE
RUTIGUNGA HERVÉ SIBOMANA
ITUZE LOIC SIBOMANA
ISHEMA TRACY SIBOMANA
Appellants
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
MINISTER OF CITIZENSHIP AND IMMIGRATION
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
OFFICER FRANÇOIS JOBIDON
OFFICER ÉMELIE AUDET
CIC-BUFFALO VISA OFFICER N.M. EGAN
BELGIAN AMBASSADOR RAOUL DELCORDE
BELGIAN CONSUL HUBERT ROISIN
BELGIAN POLICE OFFICER PATRICK STEVENS
Respondents
Hearing held at Montréal, Quebec, on January 16, 2018.
Judgment delivered from the Bench at Montréal, Quebec, on January 16, 2018.
REASONS FOR JUDGMENT OF THE COURT BY:
BOIVIN J.A.
Date: 20180116
Docket: A-108-17
Citation: 2018 FCA 13
CORAM:
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
BETWEEN:
JEAN PIERRE MARTIN SIBOMANA
JEANNETTE MUKASINE
CHANTAL UWIDUHAYE
RUTIGUNGA HERVÉ SIBOMANA
ITUZE LOIC SIBOMANA
ISHEMA TRACY SIBOMANA
Appellants
and
HER MAJESTY THE QUEEN IN RIGHT OF CANADA
MINISTER OF CITIZENSHIP AND IMMIGRATION
MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
OFFICER FRANÇOIS JOBIDON
OFFICER ÉMELIE AUDET
CIC-BUFFALO VISA OFFICER N.M. EGAN
BELGIAN AMBASSADOR RAOUL DELCORDE
BELGIAN CONSUL HUBERT ROISIN
BELGIAN POLICE OFFICER PATRICK STEVENS
Respondents
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on January 16, 2018.)
BOIVIN J.A.
[1] The only issue before Annis J. of the Federal Court was whether or not there would be a continuance of proceeding. In his March 22, 2017, order, Annis J. dismissed the appellants’ motion to lift the stay in the context of their action for damages. Yet, that same stay was then lifted in another decision dated June 28, 2017, by Martineau J. The appellants therefore got the continuance of proceeding that they were seeking. This appeal of Annis J.’s order has therefore become moot.
[2] However, we have not been persuaded by the arguments raised by the appellants to exercise our discretion to hear the appeal on the merits (Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342).
[3] Therefore, the appeal should be dismissed. Given the appellants’ disrespectful statements about respondents’ counsel in their Memorandum of Fact and Law, ignoring Gascon J.’s warning in his order dated August 17, 2017, costs are fixed in the amount of $500, all inclusive.
“Richard Boivin”
J.A.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
DOCKET:
A-108-17
STYLE OF CAUSE:
JEAN PIERRE MARTIN SIBOMANA, JEANNETTE MUKASINE, CHANTAL UWIDUHAYE, RUTIGUNGA HERVÉ SIBOMANA, ITUZE LOIC SIBOMANA, ISHEMA TRACY SIBOMANA v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, MINISTER OF CITIZENSHIP AND IMMIGRATION, MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS, OFFICER FRANÇOIS JOBIDON, OFFICER ÉMELIE AUDET, CIC-BUFFALO VISA OFFICER N.M. EGAN, BELGIAN AMBASSADOR RAOUL DELCORDE, BELGIAN CONSUL HUBERT ROISIN, BELGIAN POLICE OFFICER PATRICK STEVENS
PLACE OF HEARING:
MONTRÉAL, Quebec
DATE OF HEARING:
January 16, 2018
REASONS FOR JUDGMENT BY:
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
DELIVERED FROM THE BENCH BY:
BOIVIN J.A.
APPEARANCES:
Jean-Pierre Martin Sibomana
For the appellants
Self-represented
Daniel Latulippe
For the respondents
SOLICITORS OF RECORD:
Nathalie G. Drouin
Deputy Attorney General of Canada
For the respondents