FEDERAL GOVERNMENT FILES NOTICE OF APPEAL IN DEPORTATION CASES
OTTAWA, July 9, 1996 -- Allan Rock, Minister of Justice and Attorney General of Canada, and Lucienne Robillard, Minister of Citizenship and Immigration, announced today that the federal government will be appealing the July
4th, 1996, decision by Justice Cullen of the Federal Court, Trial Division, to stay proceedings in the Tobiass, Oberlander and Dueck revocation of citizenship cases. Notice of appeal will be filed with the Federal Court of Appeal this week.
The question on appeal is whether the private communication between an assistant deputy attorney general of the Department of Justice and the Chief Justice of the Federal Court, concerning the speed at which the cases were being dealt with, is a
breach of judicial independence that should lead to a stay of proceedings.
The government will ask the higher court to allow these important war crimes cases to go to trial to be decided on the merits. The government will argue that judicial independence can be preserved in these cases without stopping the hearings.
"We want to move forward quickly on these very important cases," stated Minister Rock. "The government is committed to ensuring that justice is done and that our country does not become a safe haven for alleged war criminals."
Minister Rock also noted that he has already taken action in relation to the private communication between an assistant deputy attorney general in the Department of Justice and the Chief Justice of the Federal Court. Former Chief Justice
Dubin's report, in this regard, is expected in the near future. A copy of Minister Rock's statement of May 29th announcing Mr. Dubin's review is attached for reference.
Government lawyers working on these cases will be asking the Federal Court of Appeal to hear the appeal as soon as possible.
Ref. : Jennifer Lang John Sims
Minister's Office Department of Justice
(613) 992-4621 (613) 952-4774
Benoit Chiquette
Department of Citizenship
and Immigration
(613) 954-1064
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