Zundel v. Canada ( Minister of Citizenship and Immigration )
T-567-96
McGillis J.
21/3/96
14 pp.
Application to stay hearing scheduled to commence before Security Intelligence Review Committee pending determination of application for prohibition and certiorari-Application for Canadian citizenship refused to applicant on basis of information, advice provided by CSIS to effect reasonable grounds to believe would engage in activity constituting threat to security of Canada-Investigation by Review Committee to review CSIS' assessment-"Statement of Circumstances", summarizing information available to Review Committee concerning circumstances giving rise to making of ministerial report, provided to applicant-Relevant principles to be applied in determining whether to grant stay reaffirmed by Supreme Court of Canada in RJR-McDonald Inc. v. Canada (Attorney General), [1994] 1 S.C.R. 311: serious issue to be tried, irreparable harm, balance of convenience-As to serious issue, applicant argued reasonable apprehension of personal and systemic bias with respect to Review Committee and all its members, principally due to statement in Heritage Front Report agreeing with decision to place human source in white supremacist movement to investigate threat to security of Canada-No evidence of reasonable apprehension of bias-Although applicant mentioned in Heritage Front Report, prepared by Review Committee in exercise of its statutory general review functions, no conclusion therein as to whether his alleged activities constituted threat to security of Canada-Applicant also failed to adduce sufficient evidence to establish would suffer irreparable harm if stay refused-As to balance of convenience, public interest requiring Review Committee be permitted to exercise statutory functions with view to providing report to Governor in Council under provisions of Citizenship Act, R.S.C., 1985, c. C-29, s. 19(6).