CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Brown v. Canada (Minister of Citizenship and Immigration)
IMM-3794-01, IMM-3796-01
2001 FCT 877, O'Keefe J.
10/8/01
6 pp.
Judicial review of removal officer's decision not to defer removal to Jamaica--Applicant 36 years old--Suffers from mild mental retardation with IQ of 47, and schizophrenia--Had several convictions between diagnosis in 1983 and 1993 when declared financially incompetent; affairs managed by public guardian, trustee since that time--Since placed on drug clozapine for schizophrenia in 1997, dramatic improvement in control of applicant's illness--Of three brothers, all of whom mentally ill, deported to Jamaica, one dead, one disappeared and believed dead, third not doing well in Bellevue mental hospital in Jamaica--Difficult patients at Bellevue discharged, forced to live on streets--If allegations of criminal wrongdoing, patient detained in regular prison--Conflicting evidence about availability of clozapine at Bellevue--Motion allowed--Applicant raising serious issues to be tried, including whether removal officer erred in stating no new information provided, same medical reports sent to Jamaican authorities; whether removal officer should have deferred removal until risk assessment completed; whether violation of principles of fundamental justice to deport applicant--If applicant deported prior to applications being decided, evidence showing could find himself on streets without treatment and without financial or emotional support--Could find himself in regular prison for breaches of law as tended to break law when not under treatment--Constitutes irreparable harm--Costs to taxpayer to keep applicant in Canada until applications determined small price to pay in order to maintain applicant's improved mental health until applications dealt with--Respondent can still enforce provisions of Immigration Act if applicant unsuccessful in applications and delay not unduly long--Balance of convenience favouring applicant--Removal order stayed until applications for judicial review, H & C consideration dealt with--Immigration Act, R.S.C., 1985, c. I-2.