The appellant, a Convention refugee subject to a deportation order, sought an interim stay of deportation pending his appeal of a Superior Court decision.
The Superior Court had dismissed his application for an injunction to prevent deportation until the United Nations Human Rights Committee considered his petition.
The Court of Appeal found it had jurisdiction to stay the deportation order under s. 134(2) of the Courts of Justice Act.
Applying the RJR Macdonald test, the court concluded there was a serious issue to be tried regarding whether the Charter protects the right to complete the international petition process before deportation.
The balance of convenience and irreparable harm also favoured the appellant, and the stay was granted pending an expedited appeal.
