Afrane v. Canada ( Minister of Employment and Immigration )
92-T-2124
Rothstein J.
14/4/93
16 pp.
Application for judicial review of exclusion order -- Applicant, citizen of Ghana, claiming Convention refugee status in 1987 -- On November 6, 1992 determined not to have credible basis to refugee claim -- Applicant and counsel present when December 16 agreed upon for resumption of inquiry -- Thereafter applicant deciding to retain new counsel -- Applicant attending resumption of inquiry without counsel, but with letter from new counsel requesting adjournment -- Adjournment refused -- Whether denial of right to counsel -- Application allowed -- Pierre v. Minister of Manpower and Immigration, [1978] 2 F.C. 849 (C.A.); McCarthy v. Minister of Employment and Immigration, [1979] 1 F.C. 121 (C.A.) distinguished -- No peremptory date set, nor attempt to deliberately delay process -- First request for adjournment -- Evidence before Court not indicating when present counsel retained, why counsel not communicating with respondent prior to hearing date to discuss unavailability and alternative dates, what evidence or submission applicant denied opportunity of presenting due to absence of counsel -- Material should contain candid and full explanation of circumstances, some description of prejudice suffered as result of refusal to grant adjournment -- Counsel's presumptuous way of proceeding (unilateral indication unable to attend on date set) should not result in denial of counsel in this case -- Right to representation by counsel not absolute -- Predicated on parties and counsel acting reasonably in all circumstances.