October 29, 2010

Canada (Minister of Public Safety & Emergency Preparedness) v Karimi-Ashad

Latest Immigration Court Decisions

Canada (Minister of Public Safety & Emergency Preparedness) v Karimi-Ashad

Decider:  Russel W. Zinn J.

Court:  Federal Court

Citation:  2010 FC 964

Judgement:  September 27, 2010

Docket:  IMM-4875-10

[52]           I have no doubt that CBSA would prefer that a third party call it when a foreign national on release breaches the conditions of release; however, the record before this member indicated that no such system is available to this respondent.  If such a system were a pre-condition to release and it was not available to a detainee, then that detainee could never be released from detention.  This cannot be the case.  While inconvenient to CBSA, there is nothing that prevents it from contacting Gateway as often as it deems necessary to check on the respondent’s status and, if it learns that he is non-compliant, to detain him again.

[53]           The applicant submits that it was unreasonable for the member not to require as a term of release that the respondent execute the consents necessary to permit CBSA to contact Gateway and obtain information.  The Minister submits that “the agencies, given their mandates, are certainly not going to require these consents and the member has imposed no deadline as to when such consents must be provided for the order to be complied with.”  I find this submission to be without merit.  The timing of the execution of the consents is fully within the control of the applicant.  I accept the submission of the respondent that “since it is a condition of release that the consents be signed, these consents can easily be prepared for the applicant’s signature by CBSA to be signed upon release.”