Case information
Consult our database for details on a Supreme Court of Canada case.
32875
Khadija Goumbarak, et al. v. Procureur général du Québec pour le Ministère des Relations avec les citoyens et de l'Immigration (MRCI) renommé le Ministère de l'Immigration et des Communautés culturelles (MICC)
(Quebec) (Civil) (By Leave)
(Publication ban in case) (Sealing order)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2009-03-13 | Close file on Leave | |
| 2009-03-13 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2009-03-13 | Judgment on leave sent to the parties | |
| 2009-03-12 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal of Quebec (Montréal), Number 500-09-016709-065, dated September 16, 2008, is dismissed with costs. Dismissed, with costs |
|
| 2009-02-09 | All materials on application for leave submitted to the Judges, Bi F Cha | |
| 2008-12-15 | Applicant's reply to respondent's argument, Completed on: 2008-12-15 | Khadija Goumbarak |
| 2008-12-05 | Respondent's response on the application for leave to appeal, Completed on: 2008-12-05 | Procureur général du Québec pour le Ministère des Relations avec les citoyens et de l'Immigration (MRCI) renommé le Ministère de l'Immigration et des Communautés culturelles (MICC) |
| 2008-11-17 | Letter acknowledging receipt of a complete application for leave to appeal | |
| 2008-11-07 | Book of authorities | Khadija Goumbarak |
| 2008-11-07 | Application for leave to appeal, Vol I to IV, together with 6 sealed envelopes containing parts R-46 and R-48, Completed on: 2008-11-07 | Khadija Goumbarak |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Goumbarak, Khadija | Applicant | Active |
| Tayouri, Mohamed | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Procureur général du Québec pour le Ministère des Relations avec les citoyens et de l'Immigration (MRCI) renommé le Ministère de l'Immigration et des Communautés culturelles (MICC) | Respondent | Active |
Counsel
Party: Goumbarak, Khadija
Counsel
Montréal, Quebec
H2Y 1A3
Telephone: (514) 381-2219
FAX: (514) 858-0308
Email: spguerreoavocate@yahoo.com
Party: Tayouri, Mohamed
Counsel
Montréal, Quebec
H2Y 1A3
Telephone: (514) 381-2219
FAX: (514) 858-0308
Email: spguerreoavocate@yahoo.com
Party: Procureur général du Québec pour le Ministère des Relations avec les citoyens et de l'Immigration (MRCI) renommé le Ministère de l'Immigration et des Communautés culturelles (MICC)
Counsel
Nathalie Fiset
800 - 1, rue Notre-Dame E
Montréal, Quebec
H2Y 1B6
Telephone: (514) 393-2336
FAX: (514) 873-7074
Email: dominique.legault@justice.gouv.qc.ca
Agent
111, rue Champlain
Gatineau, Quebec
J8X 3R1
Telephone: (819) 503-2178
FAX: (819) 771-5397
Email: p.landry@noelassocies.com
Summary
Keywords
None.
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
Immigration - Québec Selection Certificate - Interpretation of statutes - Amendment - Filing date of application - Whether courts below erred in confirming application of new List of Occupations in Demand in Québec when applications were filed before its coming into force - Whether Quebec immigration selection process unfair - Whether Quebec immigration selection process violates ss. 10 and 12 of Charter of Human Rights and Freedoms, R.S.Q., c. C-12.
Ms. Goumbarak and Mr. Tayouri filed applications for a Québec Selection Certificate in the class subject to the list of occupations in demand. Between the time they filed their applications and the time those applications were considered, the list was amended, and the occupations for which they were allegedly qualified were withdrawn from the list. Their applications were rejected because they also could not meet the requirements in the [translation] “employability and occupational mobility” class. Ms. Goumbarak and Mr. Tayouri filed a motion for declaratory judgment to quash the decision of the Minister of Relations with Citizens and Immigration on the grounds that they had, inter alia, acquired rights at the time they filed their applications and were the victims of discrimination on the basis of their Moroccan citizenship. The Superior Court dismissed the motion. The Court of Appel dismissed the appeal.
Lower court rulings
Superior Court of Quebec
2006 QCCS 2476, 500-05-075542-025
Requête en jugement déclaratoire rejetée
Superior Court of Quebec
Jugement rectifié
Court of Appeal of Quebec (Montréal)
500-09-016709-065
Deux jugements :
1. Appel rejeté
2. Requête pour permission de présenter une preuve nouvelle rejetée
Court of Appeal of Quebec (Montréal)
Jugement rectifié
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613-996-8666 or at 1-844-365-9662.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available