CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Romans v. Canada (Minister of Citizenship and Immigration)
A-359-01
2001 FCA 244, Evans J.A.
26/7/01
5 pp.
Motion to stay deportation pending disposition of appeal from dismissal of application for judicial review of Immigration Appeal Division's refusal to exercise equitable jurisdiction to stay deportation--Appellant 35-year-old citizen of Jamaica, although has lived in Canada since 2 years old--Diagnosed as schizophrenic in teens--All of family in Canada--Ordered deported by virtue of long record of criminal offences committed in Canada--Motion allowed--Court's jurisdiction to stay removal pending appeal governed by three-part test set out in RJR--MacDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311--That question certified for appeal as to whether violation of fundamental justice to deport permanent resident who has resided in Canada since early childhood, and who suffers from serious mental illness preventing him from functioning in society, meeting requirement appeal must raise serious issue--As to irreparable harm, appellant submitting unlikely would remain in psychiatric hospital, but more likely would find himself incarcerated or victim of violence if deported--Substantial likelihood that if deported appellant would effectively be denied benefit of decision that had constitutional right under Charter, s. 7 not to be deported--As to balance of convenience, since appellant will remain in detention pending disposition of appeal, to stay removal poses no threat to safety of anyone in Canada--Although Canadian public must bear cost of detention, price worth paying to ensure life and safety of vulnerable person who is more product, responsibility of Canadian than of Jamaican society, not jeopardized--Given risks facing appellant if deported, financial costs of detention, public interest in enforcement of Immigration Act not outweighing public, private interests in his remaining in Canada pending determination of constitutional rights--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.