Court File and Parties

COURT FILE NO.: 114/14 & 45/15 DATE: 20160601 ONTARIO SUPERIOR COURT OF JUSTICE

BETWEEN:

Jamil Osai Ogiamien Applicant – and – HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES, and MAPLEHURST CORRECTIONAL COMPLEX and the ATTORNEY GENERAL OF CANADA Respondents

Counsel for the Applicant: Self-Represented

Counsel for the Ministry of Community Safety and Correctional Services and Maplehurst Correctional Complex: Mr. Whitehead and Ms. Evans

Counsel for the Attorney General of Canada: Ms. Guthrie and Mr. Dodokin

Amicus: Ms. Barbara Jackman

BETWEEN:

JAMIL OSAI OGIAMIEN Applicant – and – HER MAJESTY THE QUEEN IN RIGHT OF ONTARIO as represented by the MINISTRY OF COMMUNITY SAFETY AND CORRECTIONAL SERVICES, and the CENTRAL NORTH CORRECTIONAL CENTRE Respondents

Counsel for the Applicant: Self-represented

Counsel for the Ministry of Community Safety and Correctional Services and Central North Correctional Complex: Mr. Whitehead and Ms. Evans

Amicus: Ms. Barbara Jackman

Endorsement

Coats J.

1I have heard all of the evidence and the submissions on this habeas corpus application. I have considered the decision of Chaudhary v. Canada (Public Safety and Emergency Preparedness) 2015 ONCA 700. For written reasons that will follow at a later date, I find that Mr. Ogiamien has established reasonable and probable grounds for his complaint – that his detention is lengthy and of uncertain continued duration. The Respondent, the Attorney General of Canada, has not met the onus in establishing on a balance of probabilities that his continued detention at Maplehurst or in any other correctional facility is reasonably necessary to further the machinery of immigration control and therefore his detention has become illegal for this reason.

2Therefore, I order that the detention order of May 30, 2016 be and the same is hereby quashed and that Jamil Osai Ogiamien be released from detention on terms of judicial interim release pending his removal from Canada on his recognizance in the amount of $30,000 without deposit severally and with a surety, namely Adesuwa Ndulue of 15 Bramtrail Gate, Brampton, Ontario, L7A 3W3, with deposit in the amount of $1,000 to be paid by Adesuwa Ndulue and without deposit in the amount of $5,000 severally. Jamil Osai Ogiamien shall sign the recognizance in the amount of $30,000 and Adesuwa Ndulue the surety documents prior to Mr. Ogiamien’s release. In the event that any condition is breached, an order may be sought by the Minister that the full amount, plus any accrued interest, be paid to the Ministry of the Attorney General of Canada. The conditions of the release shall be as set out in Schedule A attached hereto. Prior to Jamil Osai Ogiamien’s release from detention, he shall confirm in Court, on the record, his agreement to comply with the conditions of release and shall confirm in writing his agreement to comply with the conditions to release by signing the recognizance setting out the conditions prior to his release.

3The Next Court appearance shall be June 27, 2016 at 9:00 a.m. in Milton, Ontario before me.

Coats J.

Released: June 1, 2016

Schedule A

Conditions of Judicial Interim Release for Jamil Osai Ogiamien

1. Keep the peace and be of good behaviour. Any criminal charges or convictions shall be reported to the Canada Border Services Agency within 72 hours.
2. Reside only with Adesuwa Joy Ndulue and her husband and her children and be amenable to Adesuwa Ndulue’s routine and discipline at 15 Bramtrail Gate, Brampton, Ontario, L7A 3W3.
3. Reside at no other residence unless permission is obtained from this Court prior to any change in residence.
4. Shall obey a curfew and be within the residence at 15 Bramtrail Gate, Brampton, Ontario, L7A 3W3 between the hours of 9:00 p.m. and 7:00 a.m. each and every day with the only exception being a medical emergency involving Jamil Osai Ogiamien in which event Jamil Osai Ogiamien shall go directly to and from a medical facility and obtain written proof of any medical treatment received. This curfew will remain in effect unless it is changed by this Court.
5. Remain within the Province of Ontario unless permission is obtained from this Court prior to any travel outside the Province of Ontario.
6. Report within 24 hours of release to the Canada Border Service Agency (“CBSA”) at its Reporting Centre at 6900 Airport Road, Entrance 93, Mississauga, Ontario, in person and thereafter in person, at a frequency of three times per week in accordance with a written reporting schedule which is to be provided to him on his first reporting to CBSA. The frequency of and requirement for in person reporting shall not be changed other than on application to this Court.
7. Prior to his release, Jamil Osai Ogiamien shall surrender all passports or travel documents to a representative of the CBSA, if he is in possession of said documents(s). He shall immediately surrender any such document if he comes into possession of one. He shall provide copies of any identity documents he currently has to CBSA on his first reporting to CBSA and a copy of any additional identity documents he may acquire within 72 hours of his acquiring same.
8. Jamil Osai Ogiamien shall present himself at a time and place that a CBSA officer has directed in writing for the purpose of complying with any obligation imposed on him under the Immigration and Refugee Protection Act (“IRPA”), including for the purpose of obtaining a passport or travel document and for the purpose of the making of removal arrangements and removal, if removal is to be effected. Mr. Ogiamien shall cooperate fully with the CBSA with respect to the accurate completion of any documents or questionnaire related to establishing identity or obtaining a travel document and shall sign such documents in a timely fashion.
9. Carry a copy of this release order on his person at all times when absent from 15 Bramtrail Gate, Brampton, Ontario and provide on request to peace officer.
10. Report as directed by a CBSA officer for any lawful purpose under IRPA, including for removal from Canada.
11. Attend before this Court as required.
12. Conditions of his release may only be changed by application, on notice, to this Court in Milton, to be made returnable before Justice Coats unless she is not available wherein it may be assigned by the trial co-ordinator to another Justice of this Court.
13. Any alleged breach of these terms pursuant to which it is sought to re-incarcerate Jamil Osai Ogiamien must be raised by application, on notice, to this Court in Milton, to be made returnable before Justice Coats unless she is not available wherein it may be assigned by the trial co-ordinator to another Justice of this Court. This shall not limit CBSA’s arrest and detention powers under IRPA; however, if the intention is to re-incarcerate, the matter shall be brought back before this Court within 72 hours of the arrest or on the very next business day the court is open.
14. Jamil Osai Ogiamien shall not be in possession of any identification document that is not in his name for any reason whatsoever at any time.