Daniel Engel

This decision addresses the issue of costs following the release of the Canada RFD Decision in the Fontaine litigation.

The court considered whether the unsuccessful Respondents should be awarded costs, despite not prevailing on the motion.

The court reviewed the parties’ written submissions and the relevant legal principles, ultimately concluding that there were no exceptional circumstances justifying a costs award to the unsuccessful party.

The court declined to order costs of the hearing.

The requestors brought a motion to summon the former Chief Adjudicator of the Indian Residential Schools Adjudication Secretariat to provide evidence at an upcoming hearing of a Request for Directions (RFD) brought by Canada.

Canada's RFD sought to strike the requestors' own RFD regarding compliance with ancillary orders.

The court dismissed the motion, finding that the former Chief Adjudicator's evidence regarding his conduct or failure to bring an RFD was not relevant to the narrow interpretation and procedural issues raised in Canada's RFD.

The applicant, subject to a deportation order since 1995 due to serious criminality, had been held in immigration detention for over seven years because authorities could not determine his country of citizenship.

Despite numerous detention reviews maintaining his detention, the applicant sought habeas corpus, challenging his continued detention as unlawful.

The Superior Court allowed the application, finding the detention unduly lengthy and its duration uncertain, thereby violating the applicant's rights under sections 7 and 9 of the Charter.

The court concluded that the applicant was not actively thwarting removal efforts and posed a limited public risk, and that the Minister failed to justify continued detention for immigration purposes.

The applicant was ordered released on specific terms and conditions.