Forde v. Canada ( Minister of Citizenship and Immigration )
A-938-96
Strayer J.A.
17/3/97
5 pp.
Appeal from Trial Judge's decision "continuing" stay of proceedings, dismissing application for reconsideration-Deportation order issuing against respondent-Before appeal heard, Immigration Act, s. 70(5) enacted prohibiting continuation of appeal from such deportation order, if not yet heard, where Minister of opinion person constituting danger to public in Canada-Providing for judicial review of deportation order in lieu of appeal-Minister making such order in respect of respondent-Respondent applying for leave to seek judicial review of order determining him to be danger to public-McKeown J. issued stay of deportation until application for judicial review finally disposed of-Cullen J. dismissing application for leave, granting continuation of stay until question for certification determined in another case-Subsequently confirming continuation of stay, stating clear original stay would be extended until judicial review finally disposed of, ongoing until other case decided-Appeal allowed-Federal Court Act, s. 18.2 authorizing Court to make ancillary orders during course of disposing of application for leave to seek judicial review of decisions such as Minister's, for example, stay order "pending final disposition of application"-Original stay ending with dismissal of leave proceedings-No longer leave or review proceeding to which stay could be ancillary under s. 18.2-S. 50(1)(b) never intended to give general mandate to Trial Division to stop deportations no longer under attack in Court, directly or indirectly, because some day might be case law more favourable to deportee-Continued stay invalid-Federal Court Act, R.S.C., 1985, c. F-7, ss. 18.2 (as enacted by S.C. 1990, c. 8, s. 5), 50(1)(b), 70(5) (as enacted by S.C. 1995, c. 15, s. 13).