Eddy v. Canada (Public Safety and Emergency Preparedness)
Source text
Eddy v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2013-12-09 Neutral citation 2013 FC 1233 File numbers IMM-7294-13 Decision Content Date: 20131209 Docket: IMM-7294-13 Citation: 2013 FC 1233 [UNREVISED ENGLISH CERTIFIED TRANSLATION] Ottawa, Ontario, December9, 2013 PRESENT: The Honourable Mr. Justice Shore BETWEEN: OPAGA AKOUMA STÉPHANE EDDY Applicant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] The applicant filed a motion application for a stay of removal scheduled for December 10, 2013, at 3:30 p.m. to Gabon. [2] The Court issued an oral Direction today in this regard. [3] The Court has held on numerous occasions that last‑minute motions for a stay of removal require the respondent to draft his submissions without adequate preparation and also do not facilitate the work of the Court, thus decreasing the opportunities to have everything before the Court to rule on the case. An injunction (a stay) is an extraordinary remedy that warrants an in‑depth analysis (see Matadeen c MCI, IMM-3164-00, June 22, 2000 (FCTD)) with sufficient time to arrive at a reasoned judgment taking into account the consequences that flow from this exceptional measure. [4] Salif Sangaré has been warned a number of times to cease this last‑minute practice. ORDER THE COURT ORDERS that the applicant’s application for a stay of removal is dismissed. “Michel M.J. Shore” Judge Certified true transl…
Full judgment (source text)
Mirrored from decisions.fct-cf.gc.ca — the linked original is authoritative.
Eddy v. Canada (Public Safety and Emergency Preparedness) Court (s) Database Federal Court Decisions Date 2013-12-09 Neutral citation 2013 FC 1233 File numbers IMM-7294-13 Decision Content Date: 20131209 Docket: IMM-7294-13 Citation: 2013 FC 1233 [UNREVISED ENGLISH CERTIFIED TRANSLATION] Ottawa, Ontario, December9, 2013 PRESENT: The Honourable Mr. Justice Shore BETWEEN: OPAGA AKOUMA STÉPHANE EDDY Applicant and MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS Respondent REASONS FOR ORDER AND ORDER [1] The applicant filed a motion application for a stay of removal scheduled for December 10, 2013, at 3:30 p.m. to Gabon. [2] The Court issued an oral Direction today in this regard. [3] The Court has held on numerous occasions that last‑minute motions for a stay of removal require the respondent to draft his submissions without adequate preparation and also do not facilitate the work of the Court, thus decreasing the opportunities to have everything before the Court to rule on the case. An injunction (a stay) is an extraordinary remedy that warrants an in‑depth analysis (see Matadeen c MCI, IMM-3164-00, June 22, 2000 (FCTD)) with sufficient time to arrive at a reasoned judgment taking into account the consequences that flow from this exceptional measure. [4] Salif Sangaré has been warned a number of times to cease this last‑minute practice. ORDER THE COURT ORDERS that the applicant’s application for a stay of removal is dismissed. “Michel M.J. Shore” Judge Certified true translation Mary Jo Egan, LLB FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-7294-13 STYLE OF CAUSE: OPAGA AKOUMA STÉPHANE EDDY v MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS MOTION IN WRITING CONSIDERED AT OTTAWA, ONTARIO, UNDER RULE 369 REASONS FOR ORDER AND ORDER: SHORE J. DATED: DECEMBER 9, 2013 WRITTEN SUBMISSIONS BY: Salif Sangaré FOR THE APPLICANT Evan Liosis FOR THE RESPONDENT SOLICITORS OF RECORD: Salif Sangaré Counsel Montréal, Quebec FOR THE APPLICANT William F. Pentney Deputy Attorney General of Canada Montréal, Quebec FOR THE RESPONDENT
Source: decisions.fct-cf.gc.ca