Lewis v. Canada ( Minister of Citizenship and Immigration )
IMM-5272-98
Simpson J.
5/8/99
6 pp.
Applicant permanent resident of Canada for 34 years-Two children by two boyfriends-Drug and alcohol abuse, series of criminal convictions-Convicted of manslaughter in 1987 for having killed female lover-Lost contact with children and parents-No crimes since 1991, seven years before Board heard her appeal-Peaceful and caring relationship with other person since 1994-Deportation order issued-Appeal to Board-Board concluded that because of applicant's serious criminal record, history of unhappy, unsuccessful relationships and history of drug and alcohol abuse, could not be relied on to stay out of trouble and would likely re-offend-Board particularly concerned by failure to express remorse and to obtain professional counselling-Applicant asked Board to consider stay of deportation in lieu of dismissing appeal-Application for judicial review of Board's decision-Applicant alleging Board erred in making no reference to appropriateness of stay which could have been made conditional on psychiatric counselling and attendance at formal drug/alcohol rehabilitation programme-Application allowed-If stay requested and if facts suggest reason to consider conditional stay, then, if reasons given pursuant to Act, s. 69.4(5), applicant entitled to know why stay denied-Unfair to person subject to decision critical to future not to be told why result reached: Baker v. Canada (Minister of Citizenship and Immigration) (1999), 174 D.L.R. (4th) 193 (S.C.C.), par. 43-If applicant to be deported to country she has never known, and forced to leave positive relationship, entitled to know why Board declined to exercise discretion to grant conditional stay.