Nguyen v. Canada
T-2592-96
Hargrave P.
11/7/97
7 pp.
Motion to strike, for want of reasonable cause of action, plaintiff's action for damages for wrongful detention by immigration authorities-Plaintiff, permanent resident, acquired criminal record and ordered deported-Later determined to represent danger to public in Canada-On completing sentence, remained in immigration custody pending removal from Canada-Eventually released on October 4, 1996-Even though had obeyed terms of release set by adjudicator, arrested by immigration officers in November 1996, contrary to adjudicator's order of October 4, 1996, and placed in Immigration Detention Centre in Vancouver-No new element introduced in plaintiff's situation-Furthermore, no apparent intention to immediately deport plaintiff as plaintiff stateless person for whom Immigration Canada cannot obtain travel documents-Plaintiff has been in custody for 8 months-Motion dismissed-Court should not strike out action unless plain and obvious and beyond doubt case cannot succeed-Rearrest of person, released by adjudicator, in absence of some new element, wrong: Bhatti v. Canada (Minister of Citiznenship and Immigration) (1996), 112 F.T.R. 274 (F.C.T.D.), obiter of Noël J.-Assuming statement of claim true, plaintiff established test of showing falsely imprisoned: intentionally and totally confined against will without lawful justification-Defendant failed to meet test for striking out as failed to show clear and uncontroverted right to rearrest plaintiff following release by immigration adjudicator.