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Motion for stay of immigration release granted due to unresolved public danger concerns.
The Minister of Public Safety and Emergency Preparedness brought a motion for a stay of a decision by the Immigration Division ordering the release of the respondent, who had a significant criminal history including gang-related offences, from immigration detention.
The respondent was deemed a danger to the public and a flight risk.
The reviewing court found the Minister met the RJR-MacDonald test for a stay, noting serious issues with the reasonableness of the release conditions, which failed to virtually eliminate the danger to the public.
Irreparable harm to the public interest was established, and the balance of convenience favoured the Minister.
The motion for a stay was granted pending an expedited judicial review.
