Roach v. Canada, 2008 ONCA 124

DATE: 20080221

DOCKET: C47949

COURT OF APPEAL FOR ONTARIO

O’CONNOR A.C.J.O., ROULEAU and WATT JJ.A.

BETWEEN:

CHARLES C. ROACH

Applicant (Respondent in Appeal)

and

HER MAJESTY THE QUEEN IN RIGHT OF CANADA; THE MINISTER OF STATE FOR MULTICULTURALISM AND CITIZENSHIP

Respondent (Appellants)

Counsel: Kristina Dragaitis and Sharon Stewart Guthrie for the appellants Kikélola Roach and Samuel Willoughby for the respondent

Heard: February 19, 2008

On appeal from the order of Justice Belobaba of the Superior Court of Justice dated May 17, 2007.

APPEAL BOOK ENDORSEMENT

[1] In denying the appellants’ motion to stay this proceeding, the motion judge exercised his discretion under s. 106 of the Courts of Justice Act. We are not persuaded that in doing so he took into account improper considerations or that he failed to consider the appropriate factors.

[2] We agree with the motion judge that the application is a straightforward Charter-based constitutional challenge of a federal law. It is not a matter involving steps taken or not taken by government officials in their handling of citizenship files.

[3] In the result, the appeal is dismissed.

[4] Costs to the respondent are fixed in the amount of $2,200, inclusive of disbursements and G.S.T.