Date: 19981207
Docket: IMM-980-97
MONTRÉAL, QUEBEC, THE 7th DAY OF DECEMBER 1998
PRESENT: RICHARD MORNEAU, PROTHONOTARY
Between:
KASSONGO TUNDA (Alias KIZUZI DIBAYULA)
Moving party
AND
MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
Motion by the moving party for an order:
| - DIRECTING that Mr. Antonio Lamer, Chief Justice of the Supreme Court, be duly required to attend at 9:00 a.m. on December 9, 1998, at Montréal; |
| - DIRECTING that copies of the letters Mr. Justice Antonio Lamer sent to the government regarding issues with respect to assent or the related ceremony be filed with the Registry of this Court at Montréal on December 9, 1998, at 9:00 a.m.; |
| - ABRIDGING any applicable period and taking any other steps to protect the parties" rights. |
[Rules 4, 5, 8 and 371 of the Federal Court Rules]
REASONS FOR ORDER AND ORDER
RICHARD MORNEAU, PROTHONOTARY:
[1] Apart from the fact that this motion does not raise rules 316 and 317(1) of the Federal Court Rules, 1998 (the Rules), there are more central grounds for considering that this motion is untimely and that there is no need, in the opinion of the Court, for counsel for the moving party to attempt to involve the Supreme Court and its Chief Justice in the facts in order to present and argue alternative constitutional arguments he intends to raise at the hearing on the merits of his client"s application for judicial review to be held in two days.
[2] I thus regard this motion as untimely, improper and vexatious.
[3] For these reasons, and after counsel for the moving party was given an opportunity to be heard under subsection 404(2) of the Rules, this motion is dismissed with costs the Court fixes at $350 under rule 401(1). Under rules 401(2) and 404(1), counsel for the moving party shall personally pay these costs forthwith.
Richard Morneau
Prothonotary
MONTRÉAL, QUEBEC
December 7, 1998
Certified true translation
Peter Douglas
Federal Court of Canada
Court No. IMM-980-97
BETWEEN
KASSONGO TUNDA (Alias KIZUZI
DIBAYULA)
Moving Party
" and "
MINISTER OF CITIZENSHIP AND
IMMIGRATION
Respondent
REASONS FOR ORDER
AND ORDER
FEDERAL COURT OF CANADA
NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.:
STYLE OF CAUSE:
IMM-980-97
KASSONGO TUNDA (Alias KIZUZI DIBAYULA)
Moving party
AND
MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
PLACE OF HEARING:Montréal, Quebec
DATE OF HEARING:December 7, 1998
REASONS FOR ORDER OF RICHARD MORNEAU, PROTHONOTARY
DATE OF REASONS FOR ORDER:December 7, 1998
APPEARANCES:
Michel Le Brun for the moving party
Jocelyne Murphy for the respondent
SOLICITORS OF RECORD:
Michel Le Brun for the moving party
Montréal, Quebec
Morris Rosenberg for the respondent
Deputy Attorney General of Canada