Narvey v. Canada ( Minister of Citizenship and Immigration )
A-522-98
Noël J.A.
7/1/99
7 pp.
Motion for order expediting hearing of appeal, staying proceedings in underlying reference before F.C.T.D. pending resolution of present appeal-Appeal from order of Nadon J. dismissing appellant's motion for leave to intervene sought with view of convincing Nadon J. to recuse himself on account of reasonable apprehension of bias-Appellant contending should Nadon J. render decision before appeal could be decided, relief sought will become nugatory-Requesting interim injunction preventing Nadon J. from rendering decision-Nadon J. holding not open to appellant to raise issue parties themselves chose not to raise-Issue raised in underlying appeal not whether appellant had standing to intervene but whether bias could only be asserted by parties and whether bias alleged by appellant as intervener could be established-Appellant unable to demonstrate irreparable harm or balance of convenience favours granting requested injunction-Basis for "irreparable" nature of harm alleged by appellant resting entirely on Citizenship Act, s. 18(3)-Bias, whether real or apprehended, going to jurisdiction-Decision on reference rendered without jurisdiction not decision "under" Citizenship Act, s. 18, not decision to which limitation in s. 18(3) applies-Absence of jurisdiction, if established, always coupled with remedy as going to authority to decide-Right of non-party to bring appeal where party concerned fails to do so recognized-If appellant correctly holds view Nadon J. biased, remedy will lie irrespective of whether Nadon J. renders decision-Balance of convenience not operating in favour of appellant-Public interest requiring citizenship revocation cases be dealt with in timely matter without undue delay-Appellant having already caused extensive delay by preventing Nadon J. from rendering decision, asking Court to further extend delay-Balance of convenience favouring interest of parties, public generally in seeing reference come to timely conclusion-Motion dismissed-Citizenship Act, R.S.C., 1985, c. C-29, s. 18(3).