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Wade v. Canada ( Secretary of State )

IMM-1021-94

Gibson J.

11/8/94

5 pp.

Application for writ of prohibition preventing execution of removal order against applicant-Applicant claiming basis of deportation order of February 8, 1993 no longer exists-Convicted by Ontario Court of Appeal for unlawfully causing death of wife-Court of Appeal's decision confirming applicant's culpability, restricting new trial to issue of whether applicant guilty of second degree murder or manslaughter-Culpability not in question in new trial ordered-Either of two optional results would constitute fully adequate basis for deportation order-Writ of prohibition discretionary relief-Exercise of discretion in favour of applicant would offend interests of justice, be contrary to intention of Parliament-Application dismissed.

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