Romans v. Canada

Romans v. Canada (Minister of Citizenship and Immigration), 2001 FCA 244 (CanLII)

• 35-year-old Jamaican national who came to Canada when he was two (2) years old
• All his family is in Canada and he has no connection or establishment in Jamaica
• Has schizophrenia and is unable to understand the proceedings against him
• Ordered deported due to long history of drugs offences and assaults
• IAD declined to exercise equitable jurisdiction to stay deportation
• JR of IAD decision was dismissed, but question was certified
• Romans appealed the negative JR, and applied for a stay of removal pending the appeal (this is that decision)

• No question as to serious issue, as FC certified a question
• Re: irreparable harm…. There is a substantial likelihood that, if Mr. Romans, a mentally incompetent person unable to support himself, who has lived in Canada nearly all his life, were deported pending the disposition of his appeal, he would effectively be denied the benefit of a decision that he had a constitutional right under section 7 of the Charter not to be deported to Jamaica.

• Re: balance of convenience:

[10] Turning to the third part of the test, the balance of convenience, I note that, since Mr. Romans will remain in detention pending the disposition of his appeal, to stay his removal poses no threat to the safety of anyone in Canada. It is true, of course, that the Canadian public must bear the cost of his detention. However, in my opinion, that is a price worth paying to ensure that, by removing Mr. Romans before the courts have had an opportunity finally to determine his constitutional rights, the Minister does not jeopardize the life and safety of a vulnerable person, who in truth, although not a citizen of Canada, is more the product and responsibility of Canadian than of Jamaican society.