Sivakumar v. Canada
IMM-1600-95
Dubé J.
5/1/96
5 pp.
Application for injunction to prevent removal from Canada-Plaintiff submitting defendants estopped based on promises made by Canadian government officials on which plaintiff relied to his detriment-Conditional deportation order issued in 1989-Immigration and Refugee Board subsequently rejecting Convention refugee claim as activities with Liberation Tigers of Tamil Eelam clearly within United Nations Convention Relating to the Status of Refugees, Art. 1F(a), excluding persons whom there are reasonable grounds to believe guilty of crimes against humanity-Federal Court of Appeal dismissing appeal; Supreme Court of Canada refusing leave to appeal-Plaintiff alleging relied on assurances of two CSIS officers would be "looked after" if providing information against LTTE-No evidence from officers-Court assuming officials made representations, but not authorized by superiors, Minister-Application dismissed-Estoppel rule of evidence-Not creating substantive right in law-Estoppel, as principle of equity, may be used as shield, not sword-Since already determined plaintiff having no right to remain in Canada, application to enjoin proper authority from removing him from country not used as shield to protect him from deprivation of rights, but as sword with which to attack Minister with view to estop him from carrying out obligations under Act-Doctrine of promissory estoppel never intended to nullify statute-No representation by Crown's servant can empower government, officials to do something contrary to law-Alleged representations from CSIS officials contrary to Act-As to allegation removal cruel and unusual treatment contrary to Charter, ss. 7, 12, no obligations under Charter to impose on government duty to harbour in Canada aliens excluded by international Convention-No serious issue to be tried- Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], ss. 7, 12-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).