Montréal, Quebec, August 30, 2006
PRESENT: Richard Morneau, Esq., Prothonotary
BETWEEN:
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
REASONS FOR ORDER AND ORDER
[1] CONSIDERING this motion by the Applicant, who is self-represented, for an order putting under confidential seal the decision rendered by this Court on November 18, 2004 whereby the Court rejected a judicial review application brought by the Applicant;
[2] CONSIDERING that the sole and essential allegation raised by the Applicant is contained in his notice of motion – and not in an affidavit – and is in the nature of a bald allegation that the availability of the said Court decision on the internet puts his life and that of his family in jeopardy;
[3] CONSIDERING that aside from the fact that such an allegation does not establish in evidence a serious, real and substantial risk, the decision of this Court of November 18, 2004 has now been in the public domain for almost two years, and therefore it would be most inappropriate to put it now under seal all against the open court public interest which has prevailed, rightly so, at all relevant times and which was deemed to be known by the Applicant despite his assertion to the contrary in his affidavit;
[4] CONSEQUENTLY, this motion by the Applicant is denied, without costs.
[5] These Reasons for Order and Order are applicable mutatis mutandis to file IMM-1877-04.
FEDERAL COURT
SOLICITORS OF RECORD
DOCKET: IMM-1876-04
STYLE OF CAUSE: MAKRAM MOHAMED ELKEBTI
and
MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Montréal, Quebec
DATE OF HEARING: August 28, 2006
APPEARANCES:
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Makram Mohamed Elkebti
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Evan Liosis
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SOLICITORS OF RECORD:
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John H. Sims, Q.C. Deputy Attorney General of Canada |