Loophole in Canada/US Safe 3rd Country: Motion to Extend Time for Judicial Review Application

(Screenshots from the Federal Court website)

****************************************************************************
(1) The full text for UN Global Migration Compact is HERE.
(2) The full text for Canada/US Safe 3rd Country is HERE, and see HERE.
(3) The proposed UN Parliament/World Government is HERE.
(4) The full text of the Paris Accord is HERE.
(5) The Multiculturalism Act is HERE.
(6) The Canadian Citizenship Act (birth tourism) is HERE.
(7) Bill C-6 (citizenship for terrorists) is HERE.
(8) M-103 (Iqra Khalid’s Blasphemy Motion) is HERE.
(9) Fed’s $595M bribery of journalists is outlined HERE.
(10) Agenda 21 (signed in June 1992) is HERE
(11) Agenda 2030 (signed in September 2015) is HERE.
Items in the above list are addressed HERE

Please sign this: PETITION E-1906 CLICK HERE

All personal court appearances are under “BLOG
****************************************************************************

CLICK HERE, for general information on application for judicial review.
CLICK HERE, for the Federal Court forms
CLICK HERE, for the Federal Court Rules, (see Part V, sections 300-319)
CLICK HERE, for the Federal Courts Act (see Section 18)

IMPORTANT NOTE:
(A) If it has been “less than” 30 days since the order/decision you want reviewed, you simply file an application for a judicial review.
(B) If it has been “more than” 30 days since the decision being reviewed, you first need to file a motion for an extension of time. If granted, then you file an application as in (A).

This article will focus on (B) and assume that more than 30 days has lapsed since the decision you are trying to have reviewed.

Jurisdiction of Federal Court (continued)
Marginal note:
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.

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.

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.

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.

Interim orders
18.2 On an application for judicial review, the Federal Court may make any interim orders that it considers appropriate pending the final disposition of the application.

Hearings in summary way
18.4 (1) Subject to subsection (2), an application or reference to the Federal Court under any of sections 18.1 to 18.3 shall be heard and determined without delay and in a summary way.

Exception
(2) The Federal Court may, if it considers it appropriate, direct that an application for judicial review be treated and proceeded with as an action.

Content of the Motion Record
A/ Cover Page (Use form 66 for general heading)
B/ Table of Contents
C/ Notion of Motion (Form 359)
D/ Affidavit if swearing evidence (Form 80A)
E/ Any evidence attached to affidavit (a, b, c….)
F/ Written submissions/arguments

A Skeleton Motion Record
****************************************************************************

APPLICATION

(Court File No.)

FEDERAL COURT

BETWEEN:

Name
(Applicant)

and

Attorney General of Canada
(Respondent)

APPLICATION UNDER 18.1(2) of Federal Court Act (Extension of Time to File Application for Judicial Review)

_____________________________________________________________________________
(Motion Record)

_____________________________________________________________________________
(Your Information)

****************************************************************************

TABLE OF CONTENTS

1/ Table of Contents (Page A)

2/ Notion of Motion (Form 359) (Page 1-3)

3/ Affidavit swearing evidence (Form 80A) (Page 4-5)
-Exhibit A: Canada/US Safe 3rd country agreement (Page 5-9)
-Exhibit B: Exerps From Gov’t site on agreement (Page 10-12)
-Exhibit C: Article on Roxham Rd. Crossings (Page 13-14)
-Exhibit D: Gov’t announcing funding (Page 15-16)

E/ Written submissions/arguments (Pages 17-22)

****************************************************************************
(General Heading — Use Form 66)

NOTICE OF MOTION

(Motion in writing)

TAKE NOTICE THAT (my name) will make a motion to the Court in writing under Rule 369 of the Federal Courts Rules.

THE MOTION IS FOR:
-To gain an extension of time to file an application for judicial review (Rule 18.1(2) Federal Courts Act.

-The issue is to amend the Canada/US Safe Third Country Agreement to make the entire Canada/US border classified as a “port of entry”. This would effectively close the “loophole” in the existing agreement.

THE GROUNDS FOR THE MOTION ARE:

-Section 24 of the Canadian Charter of Rights and Freedoms states that in the event of a Charter breach, a litigant may seek relief in a court of competent jurisdiction

-Section 7 of the Canadian Charter of Rights and Freedoms states that people have the right to be secure in their persons. Allowing large numbers of unscreened illegal immigrants in jeopardises that protection.

-Section 15 of the Canadian Charter of Rights and Freedoms states that equality is a right. However, this loophole allows illegal border jumpers to “go to the front of the line”

-Section 91/92 of the Constitution separate Federal/Provincial Powers. These illegal border crossers are now being given housing, health care, education, etc…. paid for by the Provinces, except these issues are PROVINCIAL jurisdiction.

-Section 18(1) of Federal Courts Act states that the Federal Court has exclusive jurisdiction to handle such matters. This is consistent with Rule 300 of the Federal Court Rules.

-Section 18.1(2) of Federal Courts Act allows for the Federal Court to grant such an extension of time as sought.

-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.

-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.

THE FOLLOWING DOCUMENTARY EVIDENCE will be used at the hearing of the motion:
Affidavit swearing evidence (Form 80A)
-Exhibit A: Canada/US Safe 3rd country agreement
-Exhibit B: Exerps From Gov’t site on agreement
-Exhibit C: Article on Roxham Rd. Crossings
-Exhibit D: Gov’t announcing funding

(February 2, 2019)
______________________________
(Signature of solicitor or party)
(Name, address, telephone and fax number of solicitor or party)

TO: (Name and address of responding party’s solicitor or responding party)

SOR/2004-283, s. 35

****************************************************************************

FORM 80A – Rule 80

AFFIDAVIT

(General Heading — Use Form 66)

AFFIDAVIT OF (Name)

I, (full name and occupation of deponent), of the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name), SWEAR (or AFFIRM) THAT:

1. (Set out the statements of fact in consecutively numbered paragraphs, with each paragraph being confined as far as possible to a particular statement of fact.)

Sworn (or Affirmed) before me at the (City, Town, etc.) of (name) in the (County, Regional Municipality, etc.) of (name) on (date).

______________________________________
Commissioner for Taking Affidavits
(or as the case may be)

_____________________________
(Signature of Deponent)

****************************************************************************

WRITTEN SUBMISSIONS OF APPLICANT

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

Part I: Jurisdiction
-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.
-Federal Court also has jurisdiction to grant a time extension to file application

Part II: Issues
-Can the Federal Court grant an extension of time (18.1(2) FCR) to file an application?
-Does the Court see the matter of public interest to see through?

Part III: Facts
-The Safe Third Country Agreement is between Canada and the United States.
-The S3CA was signed on December 5, 2002, and took effect December 29, 2004
-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.
-Since 2015, however, more than 40,000 illegal immigrants have entered Canada illegally, primarily through Roxham Road in Quebec.
-Many illegals travelled to New York State on tourist visas, then travelled north.
-These illegals are now languishing in hotels at great public expense.
-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
-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.

Part V: Cases Cited

Part VI: Order Sought
-A time extension to file an application for judicial review
****************************************************************************

One Reply to “Loophole in Canada/US Safe 3rd Country: Motion to Extend Time for Judicial Review Application”

Leave a Reply