Posted by: Mario D. Bellissimo
Further to our last update on June 25th,
2014. The hearing at the Federal Court of
Appeal that took place over two days on
June 23 and June 24th in Toronto has been
concluded and the Court has reserved a decision. There is
no timeline for a decision but it is anticipated it will take at
least a few months.
As stated in our last update:
Our office continued to pursue arguments under section 15
of the Charter of Rights and Freedoms, emphasizing that the
termination of the backlog was discriminatory and had
disproportionate effects on applications at Visa Offices
around the world. We argued that the individual applicants
terminated from the backlog were eligible applicants for
permanent residence in Canada, and that the applications
ought to have been assessed to determine whether they
satisfied Canada’s labour-market needs (the very
requirement that the Government of Canada suggested
necessitated termination). Arguments including the Bill of
Rights, Legitimate Expectation, Rule of Law, Procedural
Fairness, the application of humanitarian and
compassionate considerations as well as arguments related
to section 6 and 7 of the Charter of Rights and Freedoms
were also presented to the Court by lawyers for the
Appellants (applicants). After hearing the Appellants’
arguments the Federal Court of Appeal sought oral
arguments from the Department of Justice on only the
section 7 and 15 Charter arguments.
Regardless of the outcome it is anticipated an application
for leave (permission) to the Supreme Court of Canada will
be pursued. The participation of our office in the case at the
Supreme Court of Canada to either defend a positive
decision or appeal a negative decision of the Federal Court
of Appeal will depend upon the particulars of the decision
and your support.
Thank you all and we will keep you posted.
Further to our last update on June 25th,
2014. The hearing at the Federal Court of
Appeal that took place over two days on
June 23 and June 24th in Toronto has been
concluded and the Court has reserved a decision. There is
no timeline for a decision but it is anticipated it will take at
least a few months.
As stated in our last update:
Our office continued to pursue arguments under section 15
of the Charter of Rights and Freedoms, emphasizing that the
termination of the backlog was discriminatory and had
disproportionate effects on applications at Visa Offices
around the world. We argued that the individual applicants
terminated from the backlog were eligible applicants for
permanent residence in Canada, and that the applications
ought to have been assessed to determine whether they
satisfied Canada’s labour-market needs (the very
requirement that the Government of Canada suggested
necessitated termination). Arguments including the Bill of
Rights, Legitimate Expectation, Rule of Law, Procedural
Fairness, the application of humanitarian and
compassionate considerations as well as arguments related
to section 6 and 7 of the Charter of Rights and Freedoms
were also presented to the Court by lawyers for the
Appellants (applicants). After hearing the Appellants’
arguments the Federal Court of Appeal sought oral
arguments from the Department of Justice on only the
section 7 and 15 Charter arguments.
Regardless of the outcome it is anticipated an application
for leave (permission) to the Supreme Court of Canada will
be pursued. The participation of our office in the case at the
Supreme Court of Canada to either defend a positive
decision or appeal a negative decision of the Federal Court
of Appeal will depend upon the particulars of the decision
and your support.
Thank you all and we will keep you posted.
