EXTRADITION |
Waldman v. Canada (Minister of Citizenship and Immigration)
IMM-8670-03
2003 FC 1326, Russell J.
10/11/03
9 pp.
Motion to stay order for surrender of applicant to United States pending application for leave and judicial review-- Minister of Justice ordered applicant's unconditional surrender to United States under Extradition Act-- Applicant's appeal, application for judicial review of Minister's decision dismissed by Ontario Court of Appeal-- Applicant subject to deportation order under Immigration and Refugee Protection Act (IRPA), surrender order under Extradition Act--Extradition of applicant will not give rise to de facto deportation that will then bring IRPA into play-- Under Immigration and Refugee Protection Regulations, s. 240, departure from Canada must occur in consequence of execution of removal order itself as provision refers to enforcement of removal order either voluntarily by foreign national or by Minister of Immigration--Extradition in case at bar not de facto deportation under IRPA, hence neither Minister of Immigration nor jurisdiction of Court engaged in extradition process Minister of Justice intends to carry out--Court not having jurisdiction to hear application for judicial review of surrender decision of Minister of Justice under Extradition Act or issue interim relief pursuant to application--Court also lacking jurisdiction to hear motions for interim relief in relation to Extradition Act, s. 40 surrender order-- Applicant raising no serious issue in accordance with Toth tri-partite test, related jurisprudence--Also failed to prove irreparable harm if extradited to United States in that evidence presented of such harm remains in realm of speculation-- Motion dismissed--Extradition Act, S.C. 1999, c. 18, s. 40 (as am. by S.C. 2000, c. 24, s. 51; 2001, c. 27, s. 250)-- Immigration and Refugee Protection Act, S.C. 2001, c. 27--Immigration and Refugee Protection Regulations, SOR/2002-227, s. 240.