Docket

36784

Thanh Tam Tran v. Minister of Public Safety and Emergency Preparedness

(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)
2017-10-20 Appeal closed
2017-10-20 Formal judgment sent to the registrar of the court of appeal and all parties
2017-10-20 Judgment on appeal and notice of deposit of judgment sent to all parties
2017-10-19 Judgment on the appeal rendered, CJ Abe Mo Ka Wa Ga Côt Br Row, The appeal from the judgment of the Federal Court of Appeal, Number A-531-14, 2015 FCA 237, dated October 30, 2015, heard on January 13, 2017, is allowed. The decision of the delegate of the Minister of Public Safety and Emergency Preparedness is quashed and the matter is remitted to a different delegate.
Allowed
2017-01-25 Transcript received, 109 pages
2017-01-13 Judgment reserved OR rendered with reasons to follow
2017-01-13 Intervener's condensed book, (Book Form), 14 copies (submitted in Court) African Canadian Legal Clinic
2017-01-13 Respondent's condensed book, (Book Form), 14 copies (submitted in Court) Minister of Public Safety and Emergency Preparedness
2017-01-13 Appellant's condensed book, (Book Form), 14 copies (submitted in Court) Thanh Tam Tran
2017-01-13 Hearing of the appeal, 2017-01-13, CJ Abe Mo Ka Wa Ga Côt Br Row
Judgment reserved
2017-01-04 Notice of appearance, Mr. John Norris will be present at the hearing and will present oral arguments. Canadian Association of Refugee Lawyers
2017-01-03 Notice of appearance, Mr. Peter Edelmann, Ms. Erin C. Roth and Mr. Aris Daghighian will be present at the hearing. Mr. Edelmann will present oral arguments. Thanh Tam Tran
2017-01-03 Notice of appearance, Mr. Lorne Waldman and Ms. Warda Shazadi Meighen will be present at the appeal. Mr. Waldman will present oral arguments. British Columbia Civil Liberties Association
2016-12-22 Correspondence received from, Six reserved seats requested Minister of Public Safety and Emergency Preparedness
2016-12-22 Notice of appearance, François Joyal and Kathryn Hucal will be present at the hearing. Mr. Joyal will present oral arguments. Minister of Public Safety and Emergency Preparedness
2016-12-16 Notice of appearance, Dena M. Smith and Faisal Mirza will be present at the appeal. Mr. Mirza will present oral arguments. African Canadian Legal Clinic
2016-12-09 Order by, Côt, FURTHER TO THE ORDER dated September 28, 2016, granting leave to intervene to the Attorney General of British Columbia, the British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic for leave to intervene in the above appeal;
IT IS HEREBY FURTHER ORDERED THAT:
The British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic are each granted permission to present oral argument not exceeding five (5) minutes at the hearing of the appeal.
Granted
2016-12-07 Respondent's book of authorities, (Book Form), Supplementary, Completed on: 2016-12-07 Minister of Public Safety and Emergency Preparedness
2016-12-06 Reply factum on appeal, (Book Form), Completed on: 2016-12-06 Minister of Public Safety and Emergency Preparedness
2016-12-06 Reply factum on appeal, (Book Form), Completed on: 2016-12-06 Thanh Tam Tran
2016-11-22 Intervener's book of authorities, (Book Form), Completed on: 2016-11-22 Canadian Association of Refugee Lawyers
2016-11-22 Intervener's factum, (Book Form), Completed on: 2016-11-22 Canadian Association of Refugee Lawyers
2016-11-22 Intervener's book of authorities, (Book Form), Completed on: 2016-11-22 British Columbia Civil Liberties Association
2016-11-22 Intervener's factum, (Book Form), Completed on: 2016-11-22 British Columbia Civil Liberties Association
2016-11-22 Intervener's book of authorities, (Book Form), (2 volumes), Completed on: 2016-11-22 African Canadian Legal Clinic
2016-11-22 Intervener's factum, (Book Form), Completed on: 2016-11-22 African Canadian Legal Clinic
2016-11-22 Intervener's book of authorities, (Book Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22) Attorney General of British Columbia
2016-11-22 Intervener's factum, (Book Form), Completed on: 2016-11-22, (Electronic version filed on 2016-11-22) Attorney General of British Columbia
2016-11-21 Notice of hearing sent to parties
2016-11-16 Appeal hearing scheduled, 2017-01-13
Judgment reserved
2016-10-04 Appeal perfected for hearing
2016-09-30 Respondent's book of authorities, (4 volumes), Completed on: 2016-09-30 Minister of Public Safety and Emergency Preparedness
2016-09-30 Respondent's factum, Completed on: 2016-09-30 Minister of Public Safety and Emergency Preparedness
2016-09-28 Order on motion for leave to intervene, by Justice Côté
2016-09-28 Decision on the motion for leave to intervene, REVISED September 29, 2016, Côt, UPON APPLICATIONS by the British Columbia Civil Liberties Association, the Attorney General of British Columbia, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic for leave to intervene in the above appeal;
AND THE MATERIAL FILED having been read;
IT IS HEREBY ORDERED THAT:
The motions for leave to intervene by the British Columbia Civil Liberties Association, the Attorney General of British Columbia, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic are granted. The British Columbia Civil Liberties Association, the Attorney General of British Columbia and the Canadian Association of Refugee Lawyers shall be entitled to each serve and file a factum not exceeding ten (10) pages in length on or before November 22, 2016. The African Canadian Legal Clinic shall be entitled to serve and file a factum not exceeding five (5) pages in length on or before November 22, 2016.
The requests by the British Columbia Civil Liberties Association, the Canadian Association of Refugee Lawyers and the African Canadian Legal Clinic to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners.
The appellant and the respondent are permitted to each serve and file a single factum not exceeding ten (10) pages in reply to these interventions to be filed within 2 weeks of the filing of the interveners’ factums.
The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties.
Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their intervention.
Granted
2016-09-28 Submission of motion for leave to intervene, (4 motions), Côt
2016-09-20 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-11-07, (Electronic version filed on 2016-09-20) Thanh Tam Tran
2016-09-15 Response to the motion for leave to intervene, (Letter Form), Completed on: 2016-09-15, (Electronic version filed on 2016-09-15) Minister of Public Safety and Emergency Preparedness
2016-09-06 Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Printed version filed on 2016-09-09) African Canadian Legal Clinic
2016-09-06 Motion for leave to intervene, (Book Form), additional service to come, Completed on: 2016-09-06, (Printed version filed on 2016-09-06) Attorney General of British Columbia
2016-09-06 Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Printed version filed on 2016-09-06) British Columbia Civil Liberties Association
2016-09-06 Motion for leave to intervene, (Book Form), Completed on: 2016-09-06, (Electronic version filed on 2016-09-12) Canadian Association of Refugee Lawyers
2016-08-22 Order on motion to extend time, by the Registrar
2016-08-22 Decision on motion to extend time, Reg, UPON APPLICATION by the appellant for an order extending the time to serve and file his Book of Authorities to August 11, 2016;
AND THE MATERIAL FILED having been read;
AND NOTING the consent of the respondent;
IT IS HEREBY ORDERED THAT:
The motion is granted.
Granted
2016-08-22 Submission of motion to extend time, Reg
2016-08-11 Motion to extend time, (Letter Form), to serve and file the appellant's Book of Authorities; On Consent. , Completed on: 2016-08-22, (Electronic version filed on 2016-08-11) Thanh Tam Tran
2016-08-11 Appellant's book of authorities, (Book Form), (3 volumes), Completed on: 2016-08-11, (Electronic version filed on 2016-08-11) Thanh Tam Tran
2016-08-09 Certificate of counsel (attesting to record), (Letter Form), (Electronic version filed on 2016-08-11) Thanh Tam Tran
2016-08-08 Appellant's record, (Book Form), (3 volumes), 1 copy missing, Completed on: 2016-08-08, (Electronic version filed on 2016-08-11) Thanh Tam Tran
2016-08-08 Appellant's factum, (Book Form), Completed on: 2016-08-17, (Electronic version filed on 2016-08-11) Thanh Tam Tran
2016-06-30 Notice of change of counsel, (Letter Form), Respondent's counsel changed from Banafsheh Sokhansanj. Minister of Public Safety and Emergency Preparedness
2016-05-16 Notice of appeal, Completed on: 2016-05-16 Thanh Tam Tran
2016-04-18 Letter advising the parties of tentative hearing date and filing deadlines (Leave granted)
2016-04-15 Copy of formal judgment sent to Registrar of the Court of Appeal and all parties
2016-04-15 Judgment on leave sent to the parties
2016-04-14 Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-531-14, 2015 FCA 237, dated October 30, 2015, is granted.
Granted
2016-03-14 All materials on application for leave submitted to the Judges, CJ Mo Ga
2016-02-18 Applicant's reply to respondent's argument, (Letter Form), Completed on: 2016-02-18 Thanh Tam Tran
2016-02-08 Notice of name, (Letter Form), (Electronic version filed on 2016-02-08) Minister of Public Safety and Emergency Preparedness
2016-02-08 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-02-08) Minister of Public Safety and Emergency Preparedness
2016-02-08 Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2016-02-08, (Electronic version filed on 2016-02-08) Minister of Public Safety and Emergency Preparedness
2015-12-30 Letter acknowledging receipt of a complete application for leave to appeal, (File open)
2015-12-29 Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-01-06) Thanh Tam Tran
2015-12-29 Application for leave to appeal, (Book Form), Completed on: 2015-12-30, (Electronic version filed on 2016-01-06) Thanh Tam Tran