Ladbon v. Canada ( Minister of Citizenship and Immigration )
IMM-1540-96
McKeown J.
24/5/96
4 pp.
Application to stay deportation order until application for leave to commence application for judicial review determined and if leave granted, until application finally determined-Test in Toth v. Minister of Employment and Immigration (1988), 86 N.R. 302 (F.C.A.) applied to determine whether stay should be granted-Applicant convicted of summary conviction offence of possession of marijuana contrary to Narcotic Control Act and fined $200-Applicant relying on Kai Lee v. Minister of Employment and Immigration, [1980] 1 F.C. 374 (C.A.) to argue because Crown proceeded by summary conviction rather than indictment, applicant no longer member of excluded class under Immigration Act, s. 19(2)(a)-Application dismissed-Reasoning in Lee case no longer applicable due to change in wording of s. 19 which provides as long as offence may be punishable by indictment, summary conviction sufficient to bring applicant within section-Because applicant subject of RCMP investigation for offences which could attract execution or long term incarceration in Iran, Post Claim Review Section ordered to determine whether evidence sufficient to preclude applicant's deportation and respondent shall not take steps to deport applicant until decision communicated to applicant and counsel-Immigration Act, R.S.C., 1985, c. I-2, s. 19(2)(a).