Date: 20210602
Docket: IMM-3719-21
Citation: 2021 FC 553
Ottawa, Ontario, June 2, 2021
PRESENT: The Honourable Mr. Justice Lafrenière
BETWEEN:
THE MINISTER OF PUBLIC SAFETY
AND EMERGENCY PREPAREDNESS
Applicant
and
MITCHELL JAMES LEEDHAM
Respondent
ORDER
UPON APPLICATION brought informally by counsel for the Applicant dated June 2, 2021 for:
(a) an urgent special sitting pursuant to Rule 35 of the Federal Courts Rules, SOR/98-106 to hear a motion for an interim stay of the Order dated June 2, 2021 issued by the Immigration Division releasing the Respondent, Mitchell James Leedham [Release Order];
(b) an interim interim stay of the Release Order in order to allow the Applicant to compile a motion record in support of his motion to stay the Release Order, and to allow time for the Respondent to respond to the motion;
AND UPON concluding, based on the assertions in the letter of counsel for the Respondent, an officer of the Court, that a serious issue is raised in the Application for Leave and for Judicial Review submitted contemporaneously with counsel’s letter, that a prima facie has been made out that irreparable harm would arise if a stay is not granted and the Release Order is carried out, and that the balance of inconvenience weighs in favour of the Applicant on the basis of the material before the Court;
THIS COURT ORDERS that:
The Release Order issued by Member Koehler of the Immigration Division dated June 2, 2021 is hereby stayed on an interim basis.
The stay of the Release Order shall remain in place for a period of ten (10) days from the date of this Order, unless the Court otherwise lifts the stay on an earlier date.
The Applicant shall forthwith and no later than the close of business on June 3, 2021 request a special sitting for the hearing of the Applicant’s motion for an interim stay of the Release Order, to be heard during the week of June 7, 2021.
The Applicant shall serve and file the Applicant’s motion record no later than June 7, 2021 at 10:00 a.m. (Eastern).
The Respondent shall serve and file a responding motion record or written submissions within two (2) days service of the Applicant’s motion record, unless otherwise ordered or directed by the Court.
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“Roger R. Lafrenière”
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Judge