Date: 19981216 Docket: IMM-4668-97
BETWEEN:
HERBERT ERIK HELM
Applicant
-and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR ORDER
(Delivered from the Bench
at Edmonton, Alberta on Tuesday, December 15, 1998, as edited)
ROTHSTEIN, J.:
[1] The only issue in this judicial review of a decision by the Minister under subsection 70(5) of the Immigration Act pertains to the fact that a Ministerial Opinion Report was not provided to the applicant. The response that he made, however, indicates that the information contained in the Ministerial Opinion Report was known to the applicant from other documents. The documents are provided to the Minister by her officials should be sent to applicants so that they have the opportunity to respond. In this particular case the
Page: 2
information in the Ministerial Opinion Report was already known to the applicant and he had the opportunity to respond to it. In the circumstances, there was no error of procedural fairness in this case.
[2] I might say that the facts of this case are somewhat surprising in that there is strong evidence that the applicant would not appear to pose a danger to the public. However, it is not for the Court to substitute its opinion for that of the Minister. This is not a case in which there is evidence of bad faith, error of law, or taking account of irrelevant considerations justifying the Court to interfere. The judicial review must be dismissed.
"Marshall E. Rothstein"
Judge
Calgary, Alberta December 16, 1998
FEDERAL COURT OF CANADA
TRIAL DIVISION
Date: 19981215 Docket: IMM-4668-97
BETWEEN:
HERBERT ERIK HELM
Applicant
-and
THE MINISTER OF CITIZENSHIP Respondent
REASONS FOR ORDER
FEDERAL COURT OF CANADA TRIAL DIVISION NAMES OF COUNSEL AND SOLICITORS OF RECORD
COURT FILE NO.: IMM-4668-97
STYLE OF CAUSE: Herbert Erik Helm v. The Minister of Citizenship and Immigration
PLACE OF HEARING: Edmonton, Alberta
DATE OF HEARING: December 15th, 1998 REASONS FOR ORDER: Rothstein, J. APPEARANCES:
John J. Gill
Susan Yake Phillippe for the Applicant
Lorraine Neill for the Respondent Department of Justice
SOLICITORS OF RECORD:
McCuaig Desrochers
Edmonton, Alberta for the Applicant
Morris A. Rosenberg
Deputy Attorney General of Canada for the Respondent