Calgary 2.0: Proceedings Started To Challenge Loophole in Can/US S3CA


Check toolbar on right for globalism links (under counter).

PETITION E-1906 (UN Global Migration Compact): CLICK HERE
PETITION E-2012 (UN Global Parliament) CLICK HERE

All personal court appearances are under “BLOG
Challenge to UN Global Migration Compact dismissed in Calgary, however Court rules that it is non intended as legally binding contract.


CLICK HERE, for the Canada/US Safe Third Country Agreement.
CLICK HERE, for rough work in the motion to extend time.

In a nutshell: you can file what is called an “APPLICATION FOR JUDICIAL REVIEW” if you believe that the Government or a Government Body has made an illegal or improper decision.

However: if more than 30 days has lapsed (which is the case here), you need to file a motion to get an extension of time.

Here are the weblinks relied upon

EXHIBIT A
EXHIBIT B
EXHIBIT C
EXHIBIT D
EXHIBIT E

Here is a cut-and-paste from the “WRITTEN SUBMISSIONS” which was sent as part of the motion record. It is a bit tedious to read. Just warning you.

Part I: Jurisdiction
Part II: Issues
Part III: Facts
Part IV: Law
Part V: Authorities
Part VI: Order Sought

Part I: Jurisdiction

  1. Under Section 18 of the Federal Courts Act, and Section 300/301 of Federal Court Rules, the Federal Court of Canada has jurisdiction to hear such an application.
  2. Federal Court also has jurisdiction to grant a time extension to file application under Rule 18.1(2) of Federal Courts Act.
  3. Federal Court of Canada has right to correct ”technical irregularities” or to fix ”defects in form”, as is the case here. (Rule 18.1(5)).
  4. Federal Court of Canada has the jurisdiction to deal with matters where a Government will not do so, or unnecessarily delays in such matters (Rule 18.1(3) and 18.1(4)).
  5. This is a matter relating to border crossings and asylum/immigration, which falls exclusively under Federal jurisdiction

Part II: Issues

  1. Three questions to answer:
    (a) Can the Federal Court grant an extension of time (18.1(2) FCR) to file an application?
    (b) Does the Court see the matter of public interest to see through?
    (c) Does the Federal Court of Canada view the remedy sought as appropriate within Rules 18.1(3) and (4) and/or within 18.1(5)?

Part III: Facts

  1. The Safe Third Country Agreement is between Canada and the United States.

  2. The S3CA was signed on December 5, 2002, and took effect December 29, 2004 (Exhibit A and B)

  3. The obvious intent of the agreement is to recognize that both nations are safe, and to prevent abuse of refugee claims by people travelling between the 2 nations.

  4. The United States has an asylum process, which sees hundreds of thousands of people apply every year. (https://www.uscis.gov/i-589) (Exhibit E) is the application for asylum for the US.

  5. Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
    -Race
    -Religion
    -Nationality
    -Membership in a particular social group
    -Political opinion
     

  6. Since 2015, however, more than 40,000 illegal immigrants have entered Canada illegally, primarily through Roxham Road in Quebec. (Exhibit C)

  7. Many illegals travelled to New York State on tourist visas, then travelled north. New York State and Minnesota are not war zones. They are safe areas. However, they are exploited and used as a ”launchpad” to file fraudulent asylum claims in Canada.

  8. These illegals are now languishing in hotels at great public expense. (Exhibit D)

  9. Had these 40,000+ illegals gone to official border crossings, they would have been immediately sent back. However, going “around” ports of entry effectively allows illegal entry, and circumvents the agreement.

Part IV: Law

  1. The Canada/US Safe Third Country Agreement is an international agreement signed in good faith. However, it was not drafted with this loophole in mind.
  2. Section 18.1(3) and 18.1(4) of Federal Courts Act lists both powers and grounds for review which the Court has, and will ultimately be referenced, should the application to extend time be granted.
    (3) On an application for judicial review, the Trial Division may
    (a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or
    (b) declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.
     
    (4) The Trial Division may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal
    (a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
    (b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
    (c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;
    (d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
    (e) acted, or failed to act, by reason of fraud or perjured evidence; or
    (f) acted in any other way that was contrary to law.
    The wording in the Canada/US safe 3rd Country Agreement is clearly designed to prevent frivilious and fraudulent asylum claims by recognizing that both nations treat people humanely.  However, despite the evidence of this ”loophole” being exploited by illegal, economic migrants, the Federal Government has shown no willpower or resolve to correct this defect. Hence, they have not acted in accordance with 18.1(3) and 18.1(4)
  3. Rule 303(2) in Federal Court Rules states that in an application for judicial review (which an extension of time is sought here), where no person can be named, the Attorney General of Canada shall be named as a Respondent.
    Since there is no ”single person” who is responsible for this mess, the Attorney General of Canada shall be named as a Defendant.
  4. Provinces and Municipalities are forced to pay the tab for these illegal immigrants, and the Federal Government has shown little interest in stopping the influx.
  5. Without proper screening beforehand, the safety of Canadians is jeopardised. We should know who is being allowed into our country and under what circumstances BEFORE they arrive.

Part V: Authorities Cited

Extraordinary remedies, federal tribunals
18 (1) Subject to section 28, the Federal Court has exclusive original jurisdiction
(a) to issue an injunction, writ of certiorari, writ of prohibition, writ of mandamus or writ of quo warranto, or grant declaratory relief, against any federal board, commission or other tribunal; and
(b) to hear and determine any application or other proceeding for relief in the nature of relief contemplated by paragraph (a), including any proceeding brought against the Attorney General of Canada, to obtain relief against a federal board, commission or other tribunal.

Remedies to be obtained on application
(3) The remedies provided for in subsections (1) and (2) may be obtained only on an application for judicial review made under section 18.1.
Application for judicial review
18.1 (1) An application for judicial review may be made by the Attorney General of Canada or by anyone directly affected by the matter in respect of which relief is sought.
Marginal note:Time limitation
(2) An application for judicial review in respect of a decision or an order of a federal board, commission or other tribunal shall be made within 30 days after the time the decision or order was first communicated by the federal board, commission or other tribunal to the office of the Deputy Attorney General of Canada or to the party directly affected by it, or within any further time that a judge of the Federal Court may fix or allow before or after the end of those 30 days.
 
Marginal note:Powers of Federal Court
(3) On an application for judicial review, the Federal Court may
(a) order a federal board, commission or other tribunal to do any act or thing it has unlawfully failed or refused to do or has unreasonably delayed in doing; or
(b) declare invalid or unlawful, or quash, set aside or set aside and refer back for determination in accordance with such directions as it considers to be appropriate, prohibit or restrain, a decision, order, act or proceeding of a federal board, commission or other tribunal.

Marginal note:Grounds of review
(4) The Federal Court may grant relief under subsection (3) if it is satisfied that the federal board, commission or other tribunal
(a) acted without jurisdiction, acted beyond its jurisdiction or refused to exercise its jurisdiction;
(b) failed to observe a principle of natural justice, procedural fairness or other procedure that it was required by law to observe;
(c) erred in law in making a decision or an order, whether or not the error appears on the face of the record;
(d) based its decision or order on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it;
(e) acted, or failed to act, by reason of fraud or perjured evidence; or
(f) acted in any other way that was contrary to law.

Marginal note:Defect in form or technical irregularity
(5) If the sole ground for relief established on an application for judicial review is a defect in form or a technical irregularity, the Federal Court may
(a) refuse the relief if it finds that no substantial wrong or miscarriage of justice has occurred; and
(b) in the case of a defect in form or a technical irregularity in a decision or an order, make an order validating the decision or order, to have effect from any time and on any terms that it considers appropriate.
 
 Cartier v. Canada (Attorney General), 2002 FCA 384 (CanLII), [2003] 2 F.C. 317 (C.A.), at paragraph 10 
 
Part VI: Order Sought

1/ A time extension to file an application for judicial review
2/ The ultimate goal is to have the entire Canada/US border declared an ”official port of entry” in order to close the loophole which allows illegal immigrants to cross into Canada and make refugee claims.