Narvey v. Canada ( Adjudicator under the Immigration Act )
IMM-1989-95
Dubé J.
10/10/97
6 pp.
Motion by respondents for order quashing applicant's application for judicial review as being moot-Application for judicial review relating to determination by respondent adjudicator without jurisdiction to grant intervenor status to applicant-Inquiry in respect of respondent Josef Nemsila alleged to have committed crimes during World War II in Czechoslovakia-Adjudicator finding Nemsila had acquired Canadian domicile, therefore no removal order could be made against him-Decision set aside on judicial review by Jerome A.C.J.-Appeal from latter decision heard by F.C.A., dismissed as moot because Nemsila died after hearing but before F.C.A.'s judgment-F.C.A. dealt extensively with question of mootness-Three criteria governing Court's discretion with respect to mootness: (1) requirement of adversarial context; (2) justified concern for judicial economy; (3) possible intrusion into role of legislative branch when pronouncing judgments in absence of dispute-Proceedings between Minister, Nemsila moot with latter's death, F.C.A.'s judgment-Mere fact applicant may be interested in intervening in other deportation inquiries before adjudicator could not revive instant proceedings, not justifying Court to expend limited resources for determination of purely academic issue-Proper solution for applicant to raise issue before adjudicator at next opportunity in course of another deportation inquiry-Respondents' application granted, applicant's application for judicial review dismissed.