Docket

30334

Julio Esteban v. The Minister of Citizenship and Immigration

(Federal) (Civil) (By Leave)

Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.

Proceedings
Date Proceeding Filed By
(if applicable)
2007-03-09 Appeal closed
2007-03-09 Correspondence received from, D. Matas dated March 9, 2007 (fax copy) re: costs on leave to appeal have been paid Julio Esteban
2007-03-08 Certificate of taxation issued to, N. Lemyre (Justice - Canada, Montreal)
2007-01-22 Decision on the bill of costs, taxed at the amount of $4,808.55, Reg
2007-01-22 Submission of the bill of costs, Reg
2006-12-20 Bill of costs, Completed on: 2006-12-20 The Minister of Citizenship and Immigration
2005-10-03 Formal judgment sent to the registrar of the court of appeal and all parties, (Revised judgment)
2005-10-03 Judgment on appeal and notice of deposit of judgment sent to all parties, (Revised judgment)
2005-09-30 Written reasons rendered after oral judgment, CJ Ma Bi LeB De F Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-374-03, dated March 3, 2004, was heard on June 7, 2005 and the Court on that day delivered the following judgment orally:
The Chief Justice – The appeal is dismissed. Reasons to follow.
On this day, reasons were delivered and the judgment was restated as follows:
The appeal is dismissed with costs to the respondent.

Dismissed, with costs
2005-08-23 Correspondence received from, Bernard Laprade dated Aug. 23/05 in response to Mr. Matas' letter of Aug 18/05 (sent to the Court Aug. 26/05) The Minister of Citizenship and Immigration
2005-08-19 Correspondence received from, David Matas dated Aug 18/05 with Court regulation 233 of the Immigration and Refugee Protection Act (sent to the Court Aug. 26/05) Julio Esteban
2005-06-20 Transcript received, 43 pages
2005-06-08 Judgment on appeal and notice of deposit of judgment sent to all parties
2005-06-07 Judgment reserved OR rendered with reasons to follow
2005-06-07 Judgment on the appeal rendered, Revised judgment & reasons rendered on Sept. 30, 2005., CJ Ma Bi LeB De F Cha, The appeal from the judgment of the Federal Court of Appeal, Number A-374-03, dated March 3, 2004, was heard this day and the following judgment was rendered:

The Chief Justice (orally) – The appeal is dismissed. Reasons to follow.

Dismissed
2005-06-07 Respondent's condensed book, Submitted in Court (14 copies) The Minister of Citizenship and Immigration
2005-06-07 Supplemental document, List of cases related to s.196 and page 10 of tab 29 (Submitted in Court - 14 copies) Julio Esteban
2005-06-07 Acknowledgement and consent for video taping of proceedings, From all parties
2005-06-07 Hearing of the appeal, 2005-06-07, CJ Ma Bi LeB De F Cha
Judgment rendered
2005-05-31 Correspondence received from, Bernard Laprade dated May 31/05 re: corrections in respondent's factum and authorities (joint with 30332) (sent to the judges June 1/05) The Minister of Citizenship and Immigration
2005-05-27 Notice of appearance, Bernard Laprade and Normand Lemyre will be present at hearing. The Minister of Citizenship and Immigration
2005-05-17 Appeal perfected for hearing
2005-05-13 Respondent's book of authorities, Vol. I to III - joint with 30332, Completed on: 2005-05-17 The Minister of Citizenship and Immigration
2005-05-13 Respondent's factum, Completed on: 2005-05-17 The Minister of Citizenship and Immigration
2005-04-28 Notice of withdrawal, of Intervention Attorney General for Ontario
2005-03-23 Notice of intervention respecting a constitutional question Attorney General for Ontario
2005-03-22 Appellant's book of authorities, Completed on: 2005-03-22 Julio Esteban
2005-03-22 Appellant's record, Completed on: 2005-03-22 Julio Esteban
2005-03-22 Appellant's factum, Completed on: 2005-03-22 Julio Esteban
2005-03-07 Correspondence received from, Bernard Laprade and Normand Lemyre are the new counsels. The Minister of Citizenship and Immigration
2005-03-01 Notice of hearing sent to parties
2005-03-01 Appeal hearing scheduled, 2005-06-07, (Previously May 17/05)
Judgment rendered
2005-02-28 Order by, LeB, The hearing of the above mentioned appeals is adjourned to June 7, 2005.
It is hereby ordered that service and filing of documents shall be as follows:
i) the appellants' facta, records and book of authorities shall be served and filed by March 24, 2005.
ii) any person interested in applying for leave to intervene shall serve and file their motion by April 1, 2005.
iii) the respondent's factum, record and book of authorities shall be served and filed by May 13, 2005.
iv) any interveners under Rule 55 or Rule 60, shall serve and file their factum and book of authorities by May 13, 2005.
v) the appeal is scheduled to be heard on June 7, 2005.
Granted
2005-02-24 Notice of constitutional question(s), (served Feb. 23/05) Julio Esteban
2005-02-21 Order on motion to state a constitutional question
2005-02-21 Decision on the motion to state a constitutional question, CJ, 1. Does s. 196 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 7 of the Canadian Charter of Rights and Freedoms?
2. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
3. Does s. 196 of the Immigration and Refugee Protection Act, S.C. 2001, c. 27, infringe s. 15 of the Canadian Charter of Rights and Freedoms?
4. If so, is the infringement a reasonable limit prescribed by law as can be demonstrably justified in a free and democratic society under s. 1 of the Canadian Charter of Rights and Freedoms?
Granted
2005-01-21 Submission of motion to state a constitutional question, CJ
2005-01-05 Reply to the motion to state a constitutional question, (Letter Form), from D. Matas dated Jan. 4, 2005 (fax copy), Completed on: 2005-01-05 Julio Esteban
2004-12-20 Response to the motion to state a constitutional question, (Letter Form), from Bernard Laprade dated Dec. 20/04, Completed on: 2004-12-20 The Minister of Citizenship and Immigration
2004-12-14 Motion to state a constitutional question, Completed on: 2004-12-14 Julio Esteban
2004-12-07 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2004-11-16 Notice of appeal, Completed on: 2004-11-16 Julio Esteban
2004-11-15 Judgment on leave sent to the parties
2004-11-15 Judgment on leave sent to the parties
2004-11-12 Judgment of the Court on the application for leave to appeal, The application for an extension of time is granted and the application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-374-03, dated March 3, 2004, is granted with costs to the applicant in any event of the cause.
This case will be heard with Olga Medovarski v. The Minister of Citizenship and Immigration (30332).
Granted, with costs to the applicant(s) in any event of the cause
2004-11-12 Decision on motion to extend time to file and /or serve the leave application, Ma F Abe
Granted, costs against the appellant
2004-11-05 Correspondence (sent by the Court) to, the applicant, c.c. parties from A. Roland re: acknowledge receipt of the letter dated Nov. 1, 2004 - sent by fax
2004-11-02 Correspondence received from, D. Matas dated Nov. 1, 2004 (fax copy) re: objective summary Julio Esteban
2004-10-25 All materials on application for leave submitted to the Judges, Ma F Abe
2004-10-25 Submission of motion to extend time to file and/ or serve the leave application, Ma F Abe
2004-06-15 Letter acknowledging receipt of a complete application for leave to appeal
2004-06-07 Applicant's reply to respondent's argument, Completed on: 2004-06-07 Julio Esteban
2004-05-31 Respondent's response on the application for leave to appeal, Completed on: 2004-05-31 The Minister of Citizenship and Immigration
2004-05-06 Application for leave to appeal, Completed on: 2004-06-15 Julio Esteban
2004-05-06 Motion to extend the time to file and or serve the application for leave to appeal, (Included in application for leave), Completed on: 2004-05-06 Julio Esteban