PRACTICE
Judgments and Orders
Stay of Execution
Motion for stay pursuant to Federal Courts Rules, SOR/98-106, r. 398(1)(b) of Federal Court judgment (2007 FC 1262) invalidating Agreement between the Government of Canada and the Government of the United States of America for Cooperation in the Examination of Refugee Status Claims from Nationals of Third Countries, Washington, 5 December 2002, [2004] Can. T.S. No. 2 (entered into force 29 December 2004) pending determination of appeal—Agreement invalidated on basis Governor in Council exceeded jurisdiction when designated U.S. as safe third country—Stays pending disposition of appeal granted on same basis as interlocutory injunctions—All three criteria (serious issue, irreparable harm, balance of convenience) met herein—Motion granted.
Canadian Council for Refugees v. Canada (A-37-08, 2008 FCA 40, Richard C.J., order dated 31/1/08, 16 pp.)