Date: 20180116
Docket: A-108-17
Citation: 2018 FCA 13
[ENGLISH TRANSLATION]
| CORAM:
|
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
|
| BETWEEN:
|
| JEAN PIERRE MARTIN SIBOMANA
|
| JEANNETTE MUKASINE
|
| CHANTAL UWIDUHAYE
|
| RUTIGUNGA HERVÉ SIBOMANA
|
| ITUZE LOIC SIBOMANA
|
| ISHEMA TRACY SIBOMANA
|
| Appellants
|
| and
|
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
| MINISTER OF CITIZENSHIP AND IMMIGRATION
|
| MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
|
| OFFICER FRANÇOIS JOBIDON
|
| OFFICER ÉMELIE AUDET
|
| CIC-BUFFALO VISA OFFICER N.M. EGAN
|
| BELGIAN AMBASSADOR RAOUL DELCORDE
|
| BELGIAN CONSUL HUBERT ROISIN
|
| BELGIAN POLICE OFFICER PATRICK STEVENS
|
| Respondents
|
Hearing held at Montréal, Quebec, on January 16, 2018.
Judgment delivered from the Bench at Montréal, Quebec, on January 16, 2018.
| REASONS FOR JUDGMENT OF THE COURT BY:
|
BOIVIN J.A.
|
Date: 20180116
Docket: A-108-17
Citation: 2018 FCA 13
| CORAM:
|
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
|
| BETWEEN:
|
| JEAN PIERRE MARTIN SIBOMANA
|
| JEANNETTE MUKASINE
|
| CHANTAL UWIDUHAYE
|
| RUTIGUNGA HERVÉ SIBOMANA
|
| ITUZE LOIC SIBOMANA
|
| ISHEMA TRACY SIBOMANA
|
| Appellants
|
| and
|
| HER MAJESTY THE QUEEN IN RIGHT OF CANADA
|
| MINISTER OF CITIZENSHIP AND IMMIGRATION
|
| MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS
|
| OFFICER FRANÇOIS JOBIDON
|
| OFFICER ÉMELIE AUDET
|
| CIC-BUFFALO VISA OFFICER N.M. EGAN
|
| BELGIAN AMBASSADOR RAOUL DELCORDE
|
| BELGIAN CONSUL HUBERT ROISIN
|
| BELGIAN POLICE OFFICER PATRICK STEVENS
|
| Respondents
|
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Montréal, Quebec, on January 16, 2018.)
BOIVIN J.A.
[1]
The only issue before Annis J. of the Federal Court was whether or not there would be a continuance of proceeding. In his March 22, 2017, order, Annis J. dismissed the appellants’ motion to lift the stay in the context of their action for damages. Yet, that same stay was then lifted in another decision dated June 28, 2017, by Martineau J. The appellants therefore got the continuance of proceeding that they were seeking. This appeal of Annis J.’s order has therefore become moot.
[2]
However, we have not been persuaded by the arguments raised by the appellants to exercise our discretion to hear the appeal on the merits (Borowski v. Canada (Attorney General), [1989] 1 S.C.R. 342).
[3]
Therefore, the appeal should be dismissed. Given the appellants’ disrespectful statements about respondents’ counsel in their Memorandum of Fact and Law, ignoring Gascon J.’s warning in his order dated August 17, 2017, costs are fixed in the amount of $500, all inclusive.
“Richard Boivin”
J.A.
FEDERAL COURT OF APPEAL
SOLICITORS OF RECORD
| DOCKET:
|
A-108-17
|
|
|
| STYLE OF CAUSE:
|
JEAN PIERRE MARTIN SIBOMANA, JEANNETTE MUKASINE, CHANTAL UWIDUHAYE, RUTIGUNGA HERVÉ SIBOMANA, ITUZE LOIC SIBOMANA, ISHEMA TRACY SIBOMANA v. HER MAJESTY THE QUEEN IN RIGHT OF CANADA, MINISTER OF CITIZENSHIP AND IMMIGRATION, MINISTER OF PUBLIC SAFETY AND EMERGENCY PREPAREDNESS, OFFICER FRANÇOIS JOBIDON, OFFICER ÉMELIE AUDET, CIC-BUFFALO VISA OFFICER N.M. EGAN, BELGIAN AMBASSADOR RAOUL DELCORDE, BELGIAN CONSUL HUBERT ROISIN, BELGIAN POLICE OFFICER PATRICK STEVENS
|
|
|
| PLACE OF HEARING:
|
MONTRÉAL, Quebec
|
||
| DATE OF HEARING:
|
January 16, 2018
|
||
| REASONS FOR JUDGMENT BY:
|
GAUTHIER J.A.
BOIVIN J.A.
DE MONTIGNY J.A.
|
||
| DELIVERED FROM THE BENCH BY:
|
BOIVIN J.A.
|
||
APPEARANCES:
| Jean-Pierre Martin Sibomana
|
For the appellants
Self-represented
|
| Daniel Latulippe
|
For the respondents
|
SOLICITORS OF RECORD:
| Nathalie G. Drouin
Deputy Attorney General of Canada
|
For the respondents
|