Showing posts with label Federal Court of Canada. Show all posts
Showing posts with label Federal Court of Canada. Show all posts

Saturday, August 16, 2025

Your Singhs today - The secret to remaining in Canada

We couldn't let the week end without a story about Sikhs who have entered Canuckistan by questionable means, and stayed on, in spite of questionable behaviour, whether their hosts country like it or not. 

Today we present the heart-warming story of Jagjit Singh, who has been allowed by the Federal Court of Canada to remain in the country "on compassionate grounds", just moments before minions of the Canada Border Services Agency (CBSA) were set to begin the physical deportation process.

Mr Singh, whose current location is a state secret, arrived in Canada in 2021 on a temporary resident visa and immediately filed a refugee claim. [SFX,music: "As Time Goes By".] In January 2025, he married "L.B.", a Canadian citizen, and withdrew his refugee claim shortly after she submitted an inland spousal sponsorship application on his behalf. 

Immigration, Refugees and Citizenship Canada (IRCC) -- the government department whose mission is to welcome half a million foreigners to Canada in the coming year -- confirmed in May that L.B. met the eligibility criteria to sponsor Mr Singh, but no decision on his application for permanent residence application has yet been made. 

In early August, Mr Singh asked the CBSA to defer his removal until at least a preliminary decision was made on his sponsorship application. [SFX: "As Time Goes By" swells in background.] The CBSA refused, citing insufficient evidence that his removal would cause serious harm.

Federal Court Justice Avvy Yao-Yao Go disagreed, finding that the immigration officer misinterpreted their discretion and failed to properly assess evidence that Singh's removal would significantly harm his wife, who suffers from... wait for it... ADHD and relies on him for daily structure, medication reminders, and financial support. 

The judge did not discose L.B.'s name, let alone her race or religion -- issues of privacy, you know -- but noted that L.B. has no other reliable family support and that Mr Singh also contributes financially to his sister's household, where the couple lives. 

Justice Go acknowledged the public interest in enforcing removal orders -- murmurs from the well of the court: "Yah, sure. Hahahahaha." -- but said she found that any delay in processing Mr Singh's permanent residence application lay with IRCC, not the innocent Sikh! "Taking into consideration the irreparable harm to the Applicant’s spouse," she ruled, "granting the stay until the underlying application is determined would be just and equitable."

So Mr Singh remains in Canada, his deportation now on hold until the court decides whether to grant judicial review of CBSA’s decision to deny his deferral request. [SFX: "As Time Goes By", up and out.]

Justice Go, who was appointed to the Federal Court of Canada by Prime Minister Blackie McBlackface, has no legal training. However, she was for years a human rights advocate championing better treatment of migrant workers, refugees, asylum-seekers, etc and so forth. 

Walt is unable to find any record of her having denied any application by any such person to remain in the Great No-longer-white North. So the secret to being allowed to remain in Canada is obviously: when you're judge-shopping, shop wisely!

Thanks and a big bowl of Meow Mix to BCF for the lead.

Memo from Ed. to Walt: I'm really sorry, but I couldn't figure out how to embed the SFX. Readers will just have to hum it to themselves.

Wednesday, January 24, 2024

Canadian court calls out Trudeau for Freedom Convoy suppression

Yesterday was a big news day, not just in the Excited States of America but to the north of the World's Longest Open Border (TM). Those who participated in or supported the Freedom Convoy were finally vindicated when Mr Justice Richard Mosley of the Federal Court of Canada ruled that Prime Minister Just In (from Jamaica) Trudeau’s use of the Emergencies Act to shut down the trucker protests against vaccine mandates and other lockdown measures unconstitutional


The lawsuit was brought against Canuckistan's Liberal misgovernment by the Canadian Civil Liberties Association, the Canadian Constitution Foundation, and other individuals concerned about the loss of freedom of speech, not to mention fines imposed by liberal judges and the confiscation (without notice or appeal) of their bank accounts.

The plaintiffs did not seek damages or reparations -- although claims for such may follow yesterday's ruling -- but a declaratory judgment confirming that Blackie McBlackface and his minions were wrong, wrong, wrong!

They argued before you can invoke the Emergencies Act, you have to have an emergency. The truckers' protests, they said, did not meet the legal threshold for the government to use the powers granted under the Act, which had never been used since its enactment in 1988, as a replacement for the War Mesures Act, a means of combatting terrorism. 

The invocationt of the Act by "Little Potato" (as the Chinese call M Trudeau) -- reportedly at the urging of Senile Joe Biden hisself -- allowed the federal government to arrest the leaders of the Freedom Convoy, freeze bank accounts of protesters, and seize donations by supporters of the protest, including many American citizens and organizations.

The Act states that, for the government to declare a public emergency, there must be "threats to the security of Canada that are so serious as to be a national emergency." Was there such an emergency? In February of 2023 the Whitewash Commission presided over by Mr Justice Paul Rouleau -- a Liberal appointee -- found "with reluctance" that the threshold had been met. After all, Blackie had gone into hiding at an undisclosed location -- not Jamaica but somewhere in the Gatineau hills -- so he must have thought it was a real threat.

On the contrary, Mr Justice Mosley said, "I have concluded that the decision to issue the Proclamation does not bear the hallmarks of reasonableness – justification, transparency and intelligibility – and was not justified in relation to the relevant factual and legal constraints that were required to be taken into consideration.

"The potential for serious violence, or being unable to say that there was no potential for serious violence was, of course, a valid reason for concern. But in my view, it did not satisfy the test required to invoke the Act."

The judge went on to say that the actions from the government also "infringed" on the rights guaranteed to Canadian citizens under the Charter of Rights and Freedoms. "It is declared that the Regulations infringed section 2(b) of the Charter and declared that the Order infringed section 8 of the Charter and that neither infringement was justified under section 1."

Prime Minister McBlackface was unavailable for comment yesterday, but the state-owned Canadian Broadcorping Castration reported that the lovely and fragrant Deputy Prime Minister said during a cabinet meeting in Montréal that the government intends to appeal the ruling.

The case will almost certainly go to the Federal Court of Appeal and likely beyond that to the Supreme Court of Canada. But the decision of Mr Justice Mosley -- like Mr Justic Rouleau, a Liberal appointee -- will be hard for Trudeau’s minions to dismantle. 

Further reading