Digests

Decision Information

Decision Content

Zolfiqar v. Canada

IMM-6021-98

Rothstein J.

2/12/98

9 pp.

Application for interim injunction in action to enjoin Minister from deporting plaintiff immediately-In action, plaintiff seeking to demonstrate Charter requiring process for removing person asserting risk of torture should include risk assessment and that current process does not-Plaintiff arguing that if risk assessment determined risk of torture, Charter requiring he not be deported to country where risk present-Plaintiff Tajik from Afghanistan-Granted landing as Convention refugee in 1988-Convicted of importing heroin in 1995 and sentenced to 10 years' imprisonment-Declared danger to public in 1996 and deportation order issued in 1997-Paroled in October 1998-Removal scheduled for November 1998-Filed application for judicial review and stay of deportation order-On November 12, 1998, Blais J. denied stay application on basis plaintiff would not suffer irreparable harm if removed to Afghanistan and balance of convenience favoured Minister-Upon notification of that decision, plaintiff attempted, but failed, to obtain favourable decision in Ontario Court General Division, as considered forum shopping at its worst-Thereupon action instituted with present request for interim injunction-Application dismissed-Plaintiff herein in effect seeking reconsideration of Blais J.'s decision-Two new documents produced by plaintiff disclose no evidence not before Blais J., and even if they did, could have been obtained for those proceedings-No effort made to defer hearing of stay application to permit counsel to obtain further evidence-"New" application not new and could have been obtained for purposes of stay application in judicial review proceedings-Blais J.'s decision plaintiff would not suffer irreparable harm if removed to Afghanistan must stand-Proper administration of justice requiring his decision be accepted by parties and not be relitigated-Unseemly and inappropriate for party to engage in process of judge shopping with intent of obtaining conflicting results between judges of same Court on same facts of same case-Court must maintain open and ready access, especially in serious cases such as applications to stay deportation orders-However, that important purpose must not be debased by repetitious applications involving forum shopping and judge shopping-Application herein abuse of process-Costs awarded to defendants on solicitor and client basis-Although unlikely defendants will recover costs, Court should be on record as expressing itself strongly with respect to inappropriateness of present proceedings.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.