Townsend v. Canada

Townsend v. Canada (Minister of Citizenship and Immigration), 2004 FCA 247 (CanLII)

• Jamaican national with 27 criminal convictions in Canada but long length of stay in Canada, too
• This is an application for stay of a removal order pending determination of an appeal from a decision of the Federal Court on a certified question. The Minister of Citizenship and Immigration concedes that there is a serious issue.
• Serious issue conceded due to certified question
• Irreparable harm: length of time in Canada outweighed by criminal convictions; family ties in Canada weak; no good argument on BIOC
• Balance of convenience favours the Minister when there is a long criminal record

• The case is cited for one other point:

o See 71 IRPA: The Immigration Appeal Division, on application by a foreign national who has not left Canada under a removal order, may reopen an appeal if it is satisfied that it failed to observe a principle of natural justice.

o There is an effort to interpret s. 71 of IRPA by Rothstein JA. His comments shut down the possibility of arguing irreparable harm on the basis that the IAD does not have jurisdiction to reopen an appeal when the applicant is abroad. Indeed, he rules that s. 71 IRPA does not does not apply when a matter is remitted to the Immigration Appeal Division by order of the Federal Court or Federal Court of Appeal.