Ottawa, Ontario, September 19, 2006
PRESENT: The Honourable Mr. Justice Phelan
BETWEEN:
and
AND IMMIGRATION
REASONS FOR ORDER AND ORDER
(Order delivered orally September 7, 2006)
[1] The Applicant (Nazarali) was ordered by Justice Shore, on May 18, 2006, to appear before this Court on Tuesday, May 23, 2006 at 9:30 a.m., having been refused an adjournment of his citizenship appeal.
[2] Nazarali failed to appear at his appeal and Mr. Justice Shore dismissed his appeal with costs.
[3] Justice Shore found, by Order of May 24, 2006, that the failure to appear on May 23, 2006 was prima facie contempt of Court and issued a Show Cause Order for the Applicant to appear on May 29, 2006, to show cause why he should not be found in contempt.
[4] Nazarali attempted to secure an adjournment of the Show Cause which, on May 26, 2006, was refused by Justice Gauthier who further ordered that the Applicant present himself before Court on May 29, 2006.
[5] Nazarali failed to appear in Court on May 29, 2006 and a Warrant for Arrest was issued by me as the presiding judge.
[6] On September 7, 2006, Nazarali was arrested in Toronto and brought to Court, where I was sitting.
[7] Nazarali was offered time to secure legal counsel. He waived his right to counsel, indicated his intention to proceed and to explain why he did not comply with the Court’s Orders to appear.
[8] It was Nazarali’s position that the Court had no jurisdiction to issue a Show Cause because there are no monetary issues involved. He further testified that in any event he did not intend to appear because he planned to be “out of town” at the time.
[9] In view of the Applicant’s explanation, there is clear contempt of Justices Shore’s and Gauthier’s Orders. There is no need for monetary issues to be present before a Contempt Show Cause Order may be issued.
[10] The Respondent asked that a restriction be placed on the Applicant in regard to commencing further proceedings in respect of his citizenship matter because of the history of difficulties, including motions, adjournments and correspondence, caused by the Applicant in challenging the citizenship proceedings.
[11] In view of the Applicant’s past dealings in respect of his citizenship matters including his admitted contempt of the Orders of two judges of this Court, some restriction on his ability to bring proceedings is a reasonable alternative to either a fine or immediate imprisonment.
ORDER
THIS COURT ADJUDGES AND ORDERS THAT:
1. Hassan S. Nazarali is found in contempt of the Orders of Justice Shore of May 18, 2006 and May 24, 2006 and that of Justice Gauthier of May 26, 2006;
2. Hassan S. Nazarali is sentenced to a term of imprisonment for a period of seven (7) days, which imprisonment is suspended on condition that he not breach any Order of the Federal Court including this Order;
3. In accordance with section 40 of the Federal Courts Act, no further proceedings be instituted by the Applicant in respect of his citizenship matters except with leave of the Court; and
4. The Applicant is released from custody.
FEDERAL COURT
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: T-1782-05
STYLE OF CAUSE: HASSAN S. NAZARALI
and
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
PLACE OF HEARING: Toronto, Ontario
DATE OF HEARING: September 7, 2006
APPEARANCES:
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Mr. Hassan S. Navarali (on his own behalf)
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Ms. Amy Lambiris
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SOLICITORS OF RECORD:
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MR. HASSAN S. NAZARALI (on his own behalf) Toronto, Ontario
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MR. JOHN H. SIMS, Q.C. Deputy Attorney General of Canada Toronto, Ontario
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