CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Sandhu v. Canada (Minister of Citizenship and Immigration)
A-110-98
Décary J.A.
1/6/00
3 pp.
Appeal from Trial Division judgment ((1998), 149 F.T.R. 83) in which Dubé J. certified question which he would have answered in negative--Judge right to conclude Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, art. 3 concerned with return stage, accordingly stage of process subsequent to stage at which refugee status determined by Refugee Division--Relying on Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817, counsel for appellant sought in oral submission to raise arguments not appearing in memorandum of fact and law, and not related to question certified--Baker undoubtedly broadened scope of appeal when question certified, but not to point of overturning elementary rules of pleadings on appeal, which require counsel not to raise at hearing arguments not raised in memorandum of fact and law--Appeal dismissed.