Say v. Canada (Solicitor General)
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Say v. Canada (Solicitor General) Court (s) Database Federal Court of Appeal Decisions Date 2005-12-12 Neutral citation 2005 FCA 422 File numbers A-296-05 Decision Content Date: 20051212 Docket: A-296-05 Citation: 2005 FCA 422 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: CHEA SAY VOUCH LANG SONG Appellants and THE SOLICITOR GENERAL FOR CANADA Respondent Heard at Toronto, Ontario, on December 12, 2005. Judgment delivered from the Bench at Toronto, Ontario, on December 12, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20051212 Docket: A-296-05 Citation: 2005 FCA 422 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: CHEA SAY VOUCH LANG SONG Appellants and THE SOLICITOR GENERAL FOR CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 12, 2005) EVANS J.A. [1] This is an appeal from a decision of Justice Gibson of the Federal Court dismissing an application for judicial review by the appellants who had argued that the decision of the pre-removal risk assessment officer should be set aside on the ground that the officer did not have sufficient institutional independence to satisfy the duty of fairness or the principles of fundamental justice. Justice Gibson certified the following question: Did the Pre-Removal Risk Assessment Unit, under the Canada Border Services Agency, possess the requisite degree of institutional independence such that natural justice and fundamental justice were respected? [2] Justi…
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Say v. Canada (Solicitor General) Court (s) Database Federal Court of Appeal Decisions Date 2005-12-12 Neutral citation 2005 FCA 422 File numbers A-296-05 Decision Content Date: 20051212 Docket: A-296-05 Citation: 2005 FCA 422 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: CHEA SAY VOUCH LANG SONG Appellants and THE SOLICITOR GENERAL FOR CANADA Respondent Heard at Toronto, Ontario, on December 12, 2005. Judgment delivered from the Bench at Toronto, Ontario, on December 12, 2005. REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A. Date: 20051212 Docket: A-296-05 Citation: 2005 FCA 422 CORAM: DÉCARY J.A. SEXTON J.A. EVANS J.A. BETWEEN: CHEA SAY VOUCH LANG SONG Appellants and THE SOLICITOR GENERAL FOR CANADA Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the Bench at Toronto, Ontario, on December 12, 2005) EVANS J.A. [1] This is an appeal from a decision of Justice Gibson of the Federal Court dismissing an application for judicial review by the appellants who had argued that the decision of the pre-removal risk assessment officer should be set aside on the ground that the officer did not have sufficient institutional independence to satisfy the duty of fairness or the principles of fundamental justice. Justice Gibson certified the following question: Did the Pre-Removal Risk Assessment Unit, under the Canada Border Services Agency, possess the requisite degree of institutional independence such that natural justice and fundamental justice were respected? [2] Justice Gibson's decision is reported as: Say v. Canada (Solicitor General), 2005 FC 739. [3] We are not persuaded that Justice Gibson made any error that warrants the intervention of the Court. [4] Accordingly, the appeal will be dismissed without costs, and the certified question will be answered in the positive. "John M. Evans" J.A. FEDERAL COURT OF APPEAL NAMES OF COUNSEL AND SOLICITORS OF RECORD DOCKET: A-296-05 STYLE OF CAUSE: CHEA SAY, VOUCH LANG SONG Appellants and THE SOLICITOR GENERAL OF CANADA Respondent PLACE OF HEARING: TORONTO, ONTARIO DATE OF HEARING: DECEMBER 12, 2005 REASONS FOR JUDGMENT OF THE COURT BY: (DÉCARY, SEXTON & EVANS JJ.A.) DELIVERED FROM THE BENCH BY: EVANS J.A. APPEARANCES: Lorne Waldman FOR THE APPELLANTS Marie Louise Wcislo Rhonda Marquis FOR THE RESPONDENT SOLICITORS OF RECORD: Waldman and Associates Toronto, Ontario FOR THE APPELLANTS John H. Sims Q.C. Deputy Attorney General of Canada FOR THE RESPONDENT
Source: decisions.fca-caf.gc.ca