BETWEEN:
VOUCH LANG SONG
Appellants
and
THE SOLICITOR GENERAL FOR CANADA
Respondent
Heard at Toronto, Ontario, on December 12, 2005.
Judgment delivered from the Bench at Toronto, Ontario, on December 12, 2005.
REASONS FOR JUDGMENT OF THE COURT BY: EVANS J.A.
Docket: A-296-05
Citation: 2005 FCA 422
CORAM: DÉCARY J.A.
SEXTON J.A.
EVANS J.A.
BETWEEN:
CHEA SAY
VOUCH LANG SONG
Appellants
and
THE SOLICITOR GENERAL FOR CANADA
Respondent
REASONS FOR JUDGMENT OF THE COURT
(Delivered from the Bench at Toronto, Ontario, on December 12, 2005)
[1] This is an appeal from a decision of Justice Gibson of the Federal Court dismissing an application for judicial review by the appellants who had argued that the decision of the pre-removal risk assessment officer should be set aside on the ground that the officer did not have sufficient
institutional independence to satisfy the duty of fairness or the principles of fundamental justice. Justice Gibson certified the following question:
Did the Pre-Removal Risk Assessment Unit, under the Canada Border Services Agency, possess the requisite degree of institutional independence such that natural justice and fundamental justice were respected?
[2] Justice Gibson's decision is reported as: Say v. Canada (Solicitor General), 2005 FC 739.
[3] We are not persuaded that Justice Gibson made any error that warrants the intervention of the Court.
[4] Accordingly, the appeal will be dismissed without costs, and the certified question will be answered in the positive.
"John M. Evans"
FEDERAL COURT OF APPEAL
NAMES OF COUNSEL AND SOLICITORS OF RECORD
DOCKET: A-296-05
STYLE OF CAUSE: CHEA SAY, VOUCH LANG SONG
Appellants
and
THE SOLICITOR GENERAL OF CANADA
Respondent
PLACE OF HEARING: TORONTO, ONTARIO
DATE OF HEARING: DECEMBER 12, 2005
REASONS FOR JUDGMENT OF
THE COURT BY: (DÉCARY, SEXTON & EVANS JJ.A.)
DELIVERED FROM THE
BENCH BY: EVANS J.A.
APPEARANCES:
Lorne Waldman FOR THE APPELLANTS
Marie Louise Wcislo
Rhonda Marquis FOR THE RESPONDENT
SOLICITORS OF RECORD:
Waldman and Associates
Toronto, Ontario FOR THE APPELLANTS
John H. Sims Q.C.
Deputy Attorney General of Canada FOR THE RESPONDENT