A.B. v. Canada ( Minister of Citizenship and Immigration )
IMM-2156-97 / IMM-2157-97 / IMM-2158-97
MacKay J.
10/11/97
18 pp.
Principal issue raised in three proceedings herein concerning right of impecunious applicant, refugee in Canada, to "competent and careful counsel" funded by public funds for representation by counsel in relation to immigration inquiry convened to consider admissibility to Canada as result of allegations he has committed act, omission outside Canada that constitutes war crime-Applicant found to be Convention refugee after arrival in Canada-Court will strike out applicant's claim only in plain and obvious cases where Court satisfied beyond doubt no reasonable cause of action-Respondent arguing legal aid provincial responsibility-Any funding of legal expenses by respondent only on ex gratia basis, not based on any legal duty-Parliament under Immigration Act, s. 30(1) clearly recognized persons involved in proceedings under Act entitled to be represented by counsel, but at person's own expense-No statutory jurisdiction in Court to direct representation by counsel be funded-General right to state funding by federal Ministers for representation by counsel not arising under Charter, s. 7 in circumstances herein-Plaintiff's statement of claim struck out under R. 419(1)-Plain and obvious plaintiff's action could not succeed as Court having no authority to order relief sought-No general right to representation by counsel, funded by respondent for applicant's involvement in immigration proceedings-Proceeding by statement of claim, for relief sought, and in regard to issue raised, not consistent with requirements of Immigration Act, Federal Court Act-Order allowing respondent's motion, striking out statement of claim in Court file IMM-2158-97-Application by A.B. dismissed in Court files IMM-2156-97, IMM-2157-97-Federal Court Rules, C.R.C., c. 663, R. 419(1)-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-Immigration Act, R.S.C., 1985, c. I-2, s. 30(1)-Federal Court Act, R.S.C., 1985, c. F-7.