Thamotharampillai v. Canada
IMM-638-99
Evans J.
19/2/99
4 pp.
Application for interlocutory injunction to restrain plaintiff's removal from Canada to Sri Lanka-Motion arising from action for declarations removal to Sri Lanka, where fears torture or persecution, without assessment by Minister of risks to which may be exposed if returned, violation of Charter, ss. 7, 12-Plaintiff, Tamil from Sri Lanka, came to Canada in 1991-Alleges persecution in Sri Lanka before coming to Canada-In 1996, convicted in Canada of trafficking in narcotics and sentenced to eight years' imprisonment-Danger opinion issued, with comment subject may be at risk upon return to Sri Lanka; however, risk to Canadian society outweighs any risk may face-Application allowed-In view of conflicting case law on whether or not violation of Charter, ss. 7 and 12 for Minister to return person to country where reason to fear torture, without first conducting, in accordance with principles of fundamental justice, assessment of risks person may face if returned, serious issue-Irreparable harm to plaintiff if returned to Sri Lanka prior to conduct of risk assessment in view of evidence plaintiff and brother targeted by Sri Lankan military and police-Considering evidence as whole, and mindful of public interest in prompt removal of those against whom valid deportation orders have been made, balance of convenience favours staying removal of plaintiff.