| Citation: |
Toronto Coalition to Stop the War v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FC 326, [2009] 3 F.C.R. D-14 |
IMM-1474-09 |
Injunctions
Motion seeking interim order enjoining respondents from denying George Gallaway (applicant) entry to Canada on basis of Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27, s. 34(1)—Applicant on speaking tour—Personal views, open sympathies for Palestinians matter of public record—Seeking judicial review of actions set out in High Commission of Canada, Immigration section letter advising that, according to preliminary assessment of Canada Border Services Agency, applicant inadmissible to Canada on security grounds—Evidence of irreparable harm appearing speculative as applicant can be heard by other technical means if remaining out of Canada—Only in clear cases will Court grant mandatory injunction relief against enforcement of law before full hearing of application for judicial review—No final determination made by officer pursuant to IRPA, ss. 15, 18 regarding applicant—Proper factual record, full legal argument lacking—Elements of test for issuance of interim order, interlocutory injunction, not met—Motion dismissed.
Toronto Coalition to Stop the War v. Canada (Minister of Public Safety and Emergency Preparedness) (IMM-1474-09, 2009 FC 326, Martineau J., order dated March 30, 2009, 12 pp.)