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Date: 20010228 Docket: A-818-99 Montréal, Quebec, Wednesday, February 28, 2001 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLAS BARLETTA Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent J U D G M E N T As the issue and the certified question have become moot and of no practical significance, the appeal is dismissed with costs.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. Date: 20010228 Docket: A-818-99 Neutral reference: 2001 FCA 44 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLAS BARLETTA Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent Hearing held at Montréal, Quebec on Wednesday, February 28, 2001 Judgment from the bench at Montréal, Quebec on Wednesday, February 28, 2001 REASONS FOR JUDGMENT BY: LÉTOURNEAU J.A. Date: 20010228 Docket: A-818-99 Neutral reference: 2001 FCA 44 Coram: DESJARDINS J.A. LÉTOURNEAU J.A. NOËL J.A. Between: NICOLAS BARLETTA Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT OF THE COURT (Delivered from the bench at Montreal, Quebec on Wednesday, February 28, 2001) LÉTOURNEAU J.A. [1] By an order made on December 2, 1999 Teitelbaum J. of the Trial Division certified the following question: [TRANSLATION] Can the Appeal Division of the Immigration and Refugee Board, at the request of a permanent resident who has been the subject of a notice by the Minister that he constitutes a danger to the Canadian public, declare that in view of s. 15 of the Charter of Rights and Freedoms s. 70(5) of the Canadian Immigration Act is invalid as to him? [2] This appeal upheld the decision by the Immigration and Refugee Board Appeal Division which on January 6, 1999 found that it lacked jurisdiction to hear a challenge to the constitutional validity of s. 70(5) of the Immigration Act, R.S.C. 1985, c. I-2, as amended, based on s. 15 of the Charter, since the appellant had been the subject of a notice by the Minister of Citizenship and Immigration informing him that he was a danger to the Canadian public. [3] As this Court held in Moffat v. Minister of Citizenship and Immigration, A-679-97, on April 7, 2000 that s. 70(5) did not infringe s. 15 of the Charter of Rights and Freedoms, the certified question and the issue have become moot and of no practical significance. [4] The appeal will be dismissed with costs.
Certified true translation Suzanne M. Gauthier, LL.L. Trad. a. FEDERAL COURT OF CANADA APPEAL DIVISION Date: 20010228 Docket: A-818-99 Between: NICOLAS BARLETTA Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent REASONS FOR JUDGMENT FEDERAL COURT OF CANADA APPEAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD FILE: A-818-99 Appeal from Trial Division judgment on December 2, 1999 in case IMM-742-99 STYLE OF CAUSE: NICOLAS BARLETTA Appellant AND MINISTER OF CITIZENSHIP AND IMMIGRATION Respondent PLACE OF HEARING: Montréal, Quebec DATE OF HEARING: February 28, 2001 REASONS FOR JUDGMENT: Létourneau J.A. DATED: February 28, 2001 APPEARANCES: Daniel Paquin FOR THE APPELLANT Claude Provencher FOR THE RESPONDENT SOLICITORS OF RECORD: Alarie, Legault, Beauchemin FOR THE APPELLANT Montréal, Quebec Morris Rosenberg FOR THE RESPONDENT Deputy Attorney General of Canada Montréal, Quebec |
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