Date: 20001018
Docket: IMM-33-00
BETWEEN:
MARIO ANTONIO FONSEKA AND MARIE NILANIE FONSEKA
Applicants
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench at Toronto, Ontario
on Tuesday, October 17, 2000)
ROTHSTEIN J.A. (ex officio)
[1] Notwithstanding the argument of applicants' counsel, what transpired in this case met the requirement for reasons as set forth in Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817. The applicants say that there is a duty that reasons be given contemporaneously with the decision and without a request by an applicant. Upon reading paragraph 44 of Baker, supra, I do not see such a requirement. On the contrary, Baker, supra, indicates that the requirement to provide reasons is satisfied by the provision of notes and that there is to be recognition of the day-to-day realities of administrative agencies and the many ways in which the values underlying the principles of procedural fairness can be assured. The judicial review must be dismissed.
"Marshall Rothstein"
J.A.
Toronto, Ontario
October 18, 2000
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| COURT NO: IMM-33-00 |
| STYLE OF CAUSE: MARIO ANTONIO FONSEKA AND MARIE NILANIE FONSEKA |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| DATE OF HEARING: TUESDAY, OCTOBER 17, 2000 |
| PLACE OF HEARING: TORONTO, ONTARIO |
| REASONS FOR ORDER BY: ROTHSTEIN J.A. |
DELIVERED FROM THE BENCH AT TORONTO, ONTARIO ON TUESDAY, OCTOBER 17, 2000
| APPEARANCES BY: Mr. D. Russ Makepeace |
| For the Applicants |
| Ms. Amina Riaz |
| For the Respondent |
| SOLICITORS OF RECORD: D. Russ Makepeace |
Barrister & Solicitor
33 Prince Arthur Avenue, Suite 300
Toronto, Ontario
M5R 1B2
| For the Applicants |
Morris Rosenberg
| Deputy Attorney General of Canada |
| For the Respondent |
FEDERAL COURT OF CANADA
Date: 20001018
Docket: IMM-33-00
BETWEEN:
| MARIO ANTONIO FONSEKA AND MARIE NILANIE FONSEKA |
Applicants
| - and - |
| THE MINISTER OF CITIZENSHIP AND IMMIGRATION |
Respondent
| REASONS FOR ORDER |