Date: 19991203
Docket: IMM-5696-99
OTTAWA, ONTARIO, THE 3rd DAY OF DECEMBER 1999
Present: THE HONOURABLE MADAM JUSTICE McGILLIS
BETWEEN
Luis Rivera
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
ORDER
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The application for a stay is dismissed.
D. McGillis
Judge
Certified true translation
Peter Douglas
Date: 19991203
Docket: IMM-5696-99
BETWEEN
Luis Rivera
Applicant
- and -
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
[Delivered from the bench by teleconference on December 3, 1999]
McGILLIS J.
[1] I heard the applicant's application for a stay on an urgent basis.
[2] Despite the able arguments advanced by counsel for the applicant, I have determined that the application for a stay must be dismissed. Even if I were to assume that the applicant has raised a serious issue to be tried, he has failed to establish the existence of any irreparable harm. The applicant, who has a criminal record, claims in his documentation that he requires ongoing medical attention in Canada, as well as the support of his family, and that his removal to Peru would irreparably deprive him of both. Similar circumstances were analysed and ruled on in Rizzo v. Canada (Minister of Citizenship and Immigration), [1996] F.C.J. No. 1111. In that decision, Rothstein J. (as he then was) stated the following:
On this application to stay the execution of a deportation order, it is only necessary to deal with the question of irreparable harm. The applicant has over twenty criminal convictions and has been addicted to drugs. His irreparable harm submission is based on his need for continuity of medical attention in Canada and the support of his eleven year old daughter who spends some time with him, although she is not in his custody. Assuming, without deciding, that the loss of continuity of medical attention and support of one's family may be evidence of irreparable harm, the need for such medical attention and support in this case has been caused by the applicant's criminal activities and his drug addiction. Criminal activities and drug addiction cannot be the foundation upon which a claim of irreparable harm can be based for purposes of staying the execution of a deportation order. The application is dismissed.
[3] I concur with the above analysis and find that there is no irreparable harm to the applicant. Furthermore, given the applicant's criminal background, the balance of convenience lies in favour of executing the removal order against the applicant.
[4] The application for a stay is accordingly dismissed.
D. McGillis
Judge
OTTAWA
December 3, 1999
Certified true translation
Peter Douglas
FEDERAL COURT OF CANADA
TRIAL DIVISION
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT NO.: IMM-5696-99
STYLE OF CAUSE: LUIS RIVERA v. MCI
APPLICATION HEARD BY TELECONFERENCE IN OTTAWA AND MONTRÉAL
REASONS FOR ORDER OF McGILLIS J.
DATED DECEMBER 3, 1999
APPEARANCES:
JULIE JEANNOTTE
FOR THE APPLICANT
PATRICIA DESLAURIERS
FOR THE RESPONDENT
SOLICITORS OF RECORD:
JULIE JEANNOTTE
FOR THE APPLICANT
PATRICIA DESLAURIERS
Morris Rosenberg FOR THE RESPONDENT
Deputy Attorney General of Canada