CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Refugees |
Gardner v. Canada (Minister of Citizenship and Immigration)
IMM-1031-00
Gibson J.
17/3/00
9 pp.
Application for stay of removal of applicant from Canada--Application for leave, judicial review underlying application for stay with respect to issuance of departure order against applicant on March 7, 2000--Applicant citizen of Trinidad, 30 years of age--Alleging fear of return to Trinidad by reason of vendetta on part of individual who undertook unsuccessful coup against government of Trinidad--Sole issue whether respondent has authority to remove applicant against his will on basis of departure order made against him--Under Immigration Act, s. 48, removal order, departure order shall be executed as soon as reasona-bly practicable--If individual subject of departure order does not voluntarily leave Canada within limited period of time, normally 30 days from day on which departure order becomes effective, departure order "matures", by law, into deportation order--Departure order not enforceable in same way as deportation order under Act, s. 55(3)(a)(ii)--To conclude otherwise would vest respondent with authority to thwart legislative scheme distinguishing between departure orders, deportation orders--Act only vesting respondent with authority to involuntarily remove person against whom departure order made in circumstances where certificate of departure issued to person under Act, s. 32.01--Respondent having authority under Act, s. 103 to arrest, detain applicant if reasonable grounds to believe applicant would not voluntarily leave, appear for involuntary removal from Canada--Not beyond capacity of respondent's officers to release person from detention but keep him under intensive surveillance so that, when removal order matures into deportation order, he could then be apprehended, involuntarily removed--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, ss. 32.01 (as enacted by S.C. 1992, c. 49, s. 22), 48 , 55(3) (as am. by S.C. 1992, c. 49, s. 45), 103 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 27; S.C. 1992, c. 49, s. 94; 1995, c. 15, s. 19).