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A-32-78
Minister of Employment and Immigration Canada and Director, Canada Immigration Centre, Quebec Region (Appellants)
v.
Adelino Rodrigues and Dame Michelin Thibeault (Respondents)
Court of Appeal, Pratte and Le Dain JJ. and Hyde D.J.—Montreal, January 9, 1979.
Immigration — Appeal from Trial Division's decision stay ing all proceedings relating to inquiry conducted on Rodrigues — Trial Judge's decision based on ground that s. 50(1)(b) of the Federal Court Act conferred discretionary power to order stay of proceedings if in interest of justice — Whether or not appeal should be allowed — Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 50(1)(b).
APPEAL. COUNSEL:
C. Joyal for appellants.
Akos de S. Muszka, Q.C. for respondents. SOLICITORS:
Deputy Attorney General of Canada for appellants.
Akos de S. Muszka, Q.C., Outremont, for respondents.
The following is the English version of the reasons for judgment of the Court delivered orally by
PRATTE J.: This appeal is from a decision of the Trial Division which ordered appellants to stay all proceedings relating to an inquiry conducted on Adelino Rodrigues pursuant to the Immigration Act, R.S.C. 1970, c. I-2.
On August 8, 1977 respondent Rodrigues, who had just been arrested on suspicion of being a person described in section 18(1)(e)(vi) of the
Immigration Act,' then in effect, was told that an inquiry would be held the following day to deter mine whether he was entitled to remain in Canada, or whether a deportation order would have to be made against him. The following day, the inquiry was adjourned. A few days later respondent Micheline Thibeault, who had married respondent Rodrigues some months earlier, filed with the Department of Immigration a form in which she asked, as a sponsor, that her husband be admitted to Canada as an immigrant. This request was denied, and respondent Micheline Thibeault appealed pursuant to section 17 of the Immigra tion Appeal Board Act, R.S.C. 1970, c. I-3. Coun sel for respondent Thibeault and respondent Rodrigues, whose inquiry had still not taken place at that time, then submitted to the Trial Division an application for a writ of prohibition requiring appellants to stay all proceedings. This was the application allowed by the judgment a quo, which ordered appellants
to stay any proceeding and decision in case No 2495-6-02536, namely the case of Adelino Rodrigues, until such time as the Immigration Appeal Board has decided applicant's appeal relating to the admission to Canada of her husband Adelino Rodrigues.
The Trial Judge did not reach this decision because he found that the Special Inquiry Officer had exceeded his jurisdiction, or had acted unlaw fully in conducting the inquiry regarding respond ent Rodrigues. It is clear that respondent Thi- beault's application for the admission of respondent Rodrigues could have no effect on the legality of Rodrigues' presence in Canada before the authorities had approved the application for admission. The Trial Judge only ordered appel lants to stay all proceedings in the case at bar because he considered that section 50(1)(b) of the
' This provision read as follows:
18. (1) ...
(e) any person, other than a Canadian citizen or a person
with Canadian domicile, who
(vi) entered Canada as a non-immigrant and remains therein after ceasing to be a non-immigrant or to be in the particular class in which he was admitted as a non-immigrant,
Federal Court Act 2 , R.S.C. 1970 (2nd Supp.), c. 10, conferred on him a discretionary power to order such a stay if it was in the interest of justice to stay the proceedings.
In the opinion of the Court this decision is incorrect. Section 50 allows the Court to stay proceedings which are in progress in the Court itself; it does not allow the Court to stay proceed ings in progress before some other tribunal.
It follows that, ordinarily, the appeal should be allowed. In the case at bar, however, that is not so because the parties have informed the Court that this appeal is now devoid of any practical signifi cance, since the Immigration Appeal Board has already ruled on the appeal of respondent Miche- line Thibeault. In these circumstances, and solely for this reason, the appeal will be dismissed with out costs.
2 According to this provision:
50. (1) The Court may, in its discretion, stay proceedings
in any cause or matter,
(b) where for any other reason it is in the interest of justice that the proceedings be stayed.
 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.