Clarke v. Canada ( Minister of Citizenship and Immigration )
IMM-3009-97
MacKay J.
7/5/98
9 pp.
Application for stay of execution of removal order implemented under Direction to Report issued to applicant for removal on May 11, 1998-Whether, during continuance of sentence of probation ordered upon conviction of applicant for criminal offence, execution of removal order earlier issued to him contrary to Immigration Act, s. 50-Applicant, native of Jamaica, came to Canada in 1976, remained as permanent resident-Since 1984, convicted on number of occasions for offences concerning narcotics-While incarcerated in Maplehurst Correctional Centre, applicant subject to report, following inquiry by adjudicator under Act-By Notice to Report, applicant directed to report to named Probation and Parole Officer within two working days of release from Maplehurst-Upon release from detention in September 1997, applicant reported to probation officer once a month as directed by latter-While subject to probation order issued by Ontario Court (General Division), applicant now required by Direction to report, at fixed time and place, for removal from Canada-Direction in execution of removal order earlier issued to applicant-Circumstances similar to those dealt with by Rothstein J. in Cuskic v. Canada (Minister of Citizenship and Immigration) (1997), 130 F.T.R. 232-Rothstein J. finding Direction to Report, executing removal order, directly resulted in contravention of probation order, violated Act, s. 50(1)(a)-Reasoning equally applicable herein-Statutory stay of execution of removal order prevailing, at least as interim measure pending one of determinations indicated by Court, Court of Appeal-No basis for award of costs on solicitor and client basis-Order issued including award of costs to applicant in amount of $1,500-Immigration Act, R.S.C., 1985, c. I-2, s. 50.