Date: 20000407
Docket: A-679-97
CORAM: ISAAC, J.A.
ROBERTSON, J.A.
SEXTON, J.A.
BETWEEN:
ROLSTON RICARDO MOFFATT
Appellant
- and -
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT
(Judgment delivered from the Bench at Toronto, Ontario
on Friday, April 7, 2000)
ISAAC J.A.
[1] We do not need to hear from you, Mr. Lunney. We are all of the view that this appeal cannot succeed for the following reasons. First, we find no merit in the appellants" argument that subsection 70(5) of the Immigration Act , s.c. 1995, c.15, violates section 15 of the Charter. Second, the appellant has not satisfied us that the learned Motions Judge erred in any way that requires us to intervene. Third, the question certified has no foundation either in the evidence or in the facts found by the Motions Judge.
[2] We would therefore dismiss the appeal with costs.
"Julius A. Isaac"
J.A.
FEDERAL COURT OF CANADA
Names of Counsel and Solicitors of Record
| DOCKET: A-679-97 |
| STYLE OF CAUSE: ROLSTON RICARDO MOFFAT |
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
DATE OF HEARING: FRIDAY, APRIL 7, 2000
PLACE OF HEARING: TORONTO, ONTARIO
| REASONS FOR JUDGMENT BY: ISAAC J.A. |
Delivered at Toronto, Ontario
on Friday, April 7, 2000
APPEARANCES: Mr. Munyonzwe Hamalengwa
| For the Appellant |
Mr. Kevin Lunney
| For the Respondent |
| SOLICITORS OF RECORD: |
Munyonzwe Hamalengwa
| Barrister & Solicitor |
| 45 Sheppard Avenue East |
Suite 900
North York, Ontario
M2N 5W9
| For the Appellant |
Morris Rosenberg
Deputy Attorney General of Canada
| For the Respondent |
FEDERAL COURT OF APPEAL
Date: 20000407
Docket: A-679-97
BETWEEN:
ROLSTON RICARDO MOFFATT
Appellant
- and -
THE MINISTER OF CITIZENSHIP
AND IMMIGRATION
Respondent
REASONS FOR JUDGMENT