Federal Court Decisions

Decision Information

Decision Content

 

 

Date: 20060815

Docket: IMM-5186-05

Citation: 2006 FC 978

Ottawa, Ontario, August 15, 2006

PRESENT:     The Honourable Mr. Justice Barnes

 

 

BETWEEN:

PETER ANTHONY COLACO

SAVITA COLACO

 

Applicant(s)

and

 

THE MINISTER OF CITIZENSHIP

AND IMMIGRATION

 

Respondent(s)

 

 

SUPPLEMENTAL REASONS FOR JUDGMENT AND JUDGMENT

 

[1]               In my Reasons for Judgment rendered on July 19, 2006 in this case, I allowed either party to propose a certified question.  The Respondent has now done so and proposes the following question for certification:

Does the reasoning of the Supreme Court of Canada decision of Hilewitz and de Jong apply to individuals applying to immigrate to Canada as skilled workers?

 

 

[2]               The Applicants oppose the certification of a question and have submitted that the issue which the Respondent seeks to raise on appeal “is not a new question”. 

 

[3]               It is clear to me that the question proposed by the Respondent would be determinative of the outcome of this case because the scope of the Supreme Court of Canada decision in Hilewitz v. Canada (Minister of Citizenship and Immigration), [2005] 2 S.C.R. 706 was the sole basis upon which I ruled in favor of the Applicants.  While I have some reservations about the seriousness of the question proposed, I am not completely satisfied that the issue which the Respondent now seeks to raise was squarely addressed by the Supreme Court of Canada in Hilewitz or in the other cases which that Court cited with approval. 

 

[4]               This issue is also one which has been raised in earlier cases before this Court.  In Hossain v. Canada (M.C.I.), [2006] F.C.J. No. 602, 2006 FC 475, Justice Johanne Gauthier was asked to certify a similar question in the context of a family member with a medical disability.  There, the issue was held to be premature and not determinative, albeit potentially “relevant in the future”. 

 

[5]               Subsequently, in Kirec v. Canada (M.C.I.), [2006] F.C.J. No. 1017, 2006 FC 800, Justice Pierre Blais was asked to rule on the application of the Hilewitz case to the skilled worker category of immigrant.  He found it unnecessary to deal with that issue because the family had not presented an adequate factual basis for the issue to be resolved. 

 

[6]               There is an arguable ambiguity in the reasoning of the Court in Hilewitz, one interpretation of which would support the Respondent’s position.  I will, therefore, certify the question proposed by the Respondent in this case.


 

JUDGMENT

 

THIS COURT ADJUDGES that the following question be certified in this case:

Does the reasoning of the Supreme Court of Canada in Hilewitz v. Canada (Minister of Citizenship and Immigration), [2005] 2 S.C.R. 706 apply to individuals applying to immigrate to Canada as skilled workers?

 

 

 

"R. L. Barnes"

Judge


FEDERAL COURT

 

NAME OF COUNSEL AND SOLICITORS OF RECORD

 

 

DOCKET:                                          IMM-5186-05

 

STYLE OF CAUSE:                          PETER ANTHONY COLACO ET AL

 

                                                            v.

 

                                                            MINISTER OF CITIZENSHIP AND IMMIGRATION

 

 

PLACE OF HEARING:                    TORONTO, ONTARIO

 

DATE OF HEARING:                      JUNE 28, 2006

 

REASONS FOR JUDGMENT

AND JUDGMENT BY:                    BARNES, J.

 

DATED:                                             August 15, 2006

 

 

APPEARANCES:

 

Mario Bellissimo                                                                                   FOR APPLICANTS

 

Catherine Vasilaros                                                                               FOR RESPONDENT

 

 

SOLICITORS OF RECORD:

 

Mario Bellissimo                                                                                   FOR APPLICANT

Ormston, Bellissimo, Rotenberg

Barristers & Solicitors

Toronto, Ontario

 

John H. Sims, Q.C.                                                                              FOR RESPONDENT

Deputy Attorney General of Canada 

Department of Justice

Ontario Regional Office

Toronto, Ontario

 

 

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.