Parasidis v. Canada ( Minister of Citizenship and Immigration )
IMM-1867-97
Rothstein J.
2/6/97
7 pp.
Application for stay of execution of removal order under Immigration Act, s. 49(1)(b)-Applicant citizen of Greece, landed immigrant in Canada-Ordered deported from Canada by reason of having been convicted of criminal offence-According to Minister of Citizenship and Immigration, applicant constituted danger to public in Canada under Act, s. 70(5)-No basis for judicial stay as applicant's separation from family, while inconvenient, not irreparable harm-Applicant seeking declaration statutory stay operates to preclude removal-Final determination which should be made on judicial review after filing of evidence by applicant, respondent and submission of memoranda of argument in accordance with Rules of Court pertaining to judicial reviews-Whether statutory stay applicable herein left for determination in judicial review, should leave be granted-No statutory stay presently operative-Attached to applicant's affidavit: deportation order issued by adjudicator, report under Immigration Act, s. 27 signed by immigration officer-Report indicating applicant convicted by indictment of one count of possession of cocaine for purpose of trafficking contrary to Narcotic Control Act, s. 4.2 for which received forty months' incarceration-Adjudicator, in issuing deportation order to applicant, had determined offence for which he had become inadmissible to Canada that of possession for purpose of trafficking for which sentence of ten years or more may be imposed-Stay application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 27 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 4), 49(1)(b), 70(5) (as enacted by S.C. 1995, c. 15, s. 13)-Narcotic Control Act, R.S.C., 1985, c. N-1, s. 4(2) (as repealed by S.C. 1996, c. 19).