Case information
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36936
Michele Torre v. Minister of Immigration, Refugees and Citizenship
(Federal) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2016-09-02 | Close file on Leave | |
| 2016-08-26 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2016-08-26 | Judgment on leave sent to the parties | |
| 2016-08-25 |
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-242-15, 2016 CAF 48, dated February 9, 2016, is dismissed with costs. Dismissed, with costs |
|
| 2016-07-11 | All materials on application for leave submitted to the Judges, Abe Ka Br | |
| 2016-05-19 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2016-05-19, (Electronic version filed on 2016-05-19) | Michele Torre |
| 2016-05-11 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-05-11) | Minister of Immigration, Refugees and Citizenship |
| 2016-05-11 | Respondent's response on the application for leave to appeal, (Book Form), Proof of service missing. Received 2016-05-16., Completed on: 2016-05-11, (Electronic version filed on 2016-05-11) | Minister of Immigration, Refugees and Citizenship |
| 2016-04-11 | Letter acknowledging receipt of a complete application for leave to appeal, file opened 2016-04-11. | |
| 2016-04-07 | Certificate (on limitations to public access), (Letter Form), (Electronic version filed on 2016-04-07) | Michele Torre |
| 2016-04-07 | Application for leave to appeal, (Book Form), CA Order missing., Completed on: 2016-04-07, (Electronic version filed on 2016-04-07) | Michele Torre |
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 |
|---|---|---|
| Torre, Michele | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Immigration, Refugees and Citizenship | Respondent | Active |
Counsel
Party: Torre, Michele
Counsel
Jeanne Larochelle
83, St-Paul Ouest
Montréal, Quebec
H2Y 1Z1
Telephone: (514) 289-6070
FAX: (514) 842-8055
Party: Minister of Immigration, Refugees and Citizenship
Counsel
200, boulevard René-Lévesque Ouest
Tour Est, 12e étage
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-8764
FAX: (514) 496-7876
Email: mazil@justice.gc.ca
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
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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.
Canadian Charter of Rights and Freedoms – Immigration – Inadmissibility and removal – Permanent residents – Appeals – Applicant found inadmissible on grounds of serious criminality and organized criminality – Whether Federal Court of Appeal erred in law in not answering following question in affirmative: “Does the Immigration Division of the Immigration and Refugee Board have the jurisdiction to grant a stay of proceedings under subsection 24(1) of the Canadian Charter of Rights and Freedoms in the context of an admissibility hearing following the referral of a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act?” – Whether Federal Court of Appeal erred in law and in fact in finding that applicant had not proved any prejudice suffered due to passage of time – Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 44(1).
The applicant Mr. Torre is an Italian citizen who has been a permanent resident of Canada since 1967. In 1996, he pleaded guilty to a charge of conspiracy to traffic in cocaine and was sentenced to eight years and nine months in prison. Three other persons, Mr. Torre’s employers at the time, were convicted in the same matter. In 2006, Mr. Torre was arrested as part of Operation Colisée, which targeted the Italian mafia in Montréal. He was not convicted of an offence as a result of that operation, but he was in pre trial custody for two years and nine months.
In 2013, the Minister prepared two reports on Mr. Torre under s. 44(1) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), and referred them to the Immigration Division for an admissibility hearing. The Minister was of the opinion that Mr. Torre was inadmissible on grounds of serious criminality and organized criminality. Mr. Torre then moved for a stay of proceedings for unreasonable delay because of the time that had passed between his conviction and the admissibility hearings.
Lower court rulings
Immigration and Refugee Board
0018-B3-00627
Motion for stay of proceedings dismissed and applicant found inadmissible
Federal Court
IMM-5314-14, 2015 CF 591
Application for judicial review dismissed
Federal Court of Appeal
A-242-15, 2016 CAF 48
Appeal dismissed
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 613‑996‑7933 or at 1‑888‑551‑1185.
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
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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 613‑996‑7933 or at 1‑888‑551‑1185.
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 613‑996‑7933 or at 1‑888‑551‑1185.
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