Suresh v. Canada ( Minister of Citizenship and Immigration )
A-265-98
Strayer J.A.
22/5/98
4 pp.
In appeal with respect to conditions of release imposed by order of Trial Division Judge under Immigration Act, s. 40.1(8), appellant filed motion for order to vary record on appeal-Appellant seeking to add two kinds of materials: evidence that was before Motions Judge when made determination under Act, s. 40.1(4)(d) that Ministers' certificate in respect of appellant reasonable; new evidence on impact of order-By Act, s. 40.1(6) there can be no appeal from "reasonableness" determination by judge-Moreover, certain evidence before Motions Judge in proceedings taken in camera and in absence of appellant and could not be made subject of debate before this Court-Appeal relates only to release order and conditions thereof-Record revealing appellant agreed to substance of terms, reserving only constitutional issues possibly to be raised in further litigation-Particular terms in release order within discretionary power of Motions Judge and reviewable by Court only in respect of serious error of principle or complete misapprehension of facts-Motion dismissed-With respect to first category of evidence, appellant has failed to specify relevance of any particular item of evidence to any particular issue Court would have to determine concerning terms of release order-Court would also exercise discretion against addition of such evidence at this stage-If appellant thought other public evidence needed, this should have been specified in letter "confirming" content of record-Also, given narrow scope of appeal, non-appealability of "reasonableness" issue, and confidentiality of some of evidence before Motions Judge, circumstances militate against extensive foray into 50 days of evidence before him on "reasonableness" issue-With respect to second category of evidence, new evidence and not demonstrated it comes within criteria for admission of new evidence on appeal-In fact involving events posterior to issue of release order-But issue before Court on appeal from order whether, on basis of relevant material before Motions Judge at time made, he made any reviewable error-Immigration Act, R.S.C., 1985, c. I-2, s. 40.1(4) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4), (6) (as enacted idem), (8) (as enacted idem).