Canadian Free Speech League v. Canada
T-2557-92
Strayer J.
27/10/92
8 pp.
Application for injunction restraining Crown or Minister of Employment and Immigration from restraining admission to Canada of David Irving to attend plaintiff's meeting -- Application dismissed -- Claim law being used to impinge on constitutional right serious issue to be tried -- Interference with plaintiff's dinner meeting in Victoria caused by failure to issue injunction not serious and irreparable harm, but temporary inconvenience -- When balancing rights of individual against public interest in sense of public administration carrying out laws of legislatures or Parliament, must give due weight to public interest -- Immigration Act authorizing administration of system controlling access to Canada by non-citizens -- Substantial public interest in ensuring steps lawfully authorized under Act carried out -- Steps Minister authorized to take not demonstrated to be unlawful -- Remedies under Immigration Act more appropriate -- Matter should be first heard by adjudicator -- If injunction granted, plaintiff would be given ultimate remedy, altering status quo -- Federal Court Act, s. 57 requirement where constitutional validity or applicability or operability of Act of Parliament in issue, federal and provincial Attorneys General should be given at least ten days' notice, not complied with -- Federal Court Act, R.S.C., 1985, c. F-7, s. 57 (as am. by S.C. 1990, c. 8, s. 19).