Case information
Conduct a refined search of the Supreme Court of Canada database to obtain details on the status of a matter before the Court.
38891
David Roger Revell v. Minister of Citizenship and Immigration
(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) |
|---|---|---|
| 2020-07-17 | Close file on Leave | |
| 2020-04-03 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2020-04-03 | Judgment on leave sent to the parties | |
| 2020-04-02 |
Judgment of the Court on the application for leave to appeal, The motion to expedite the application for leave to appeal is dismissed. The application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-316-17, 2019 FCA 262, dated October 18, 2019, is dismissed without costs. Dismissed, without costs |
|
| 2020-04-02 |
Decision on motion to expedite the application for leave to appeal, See decision on application Dismissed |
|
| 2020-02-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-02-17 | Submission of motion to expedite the application for leave to appeal, for consideration by the Court | |
| 2020-02-06 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-02-06 | David Roger Revell |
| 2020-01-27 | Certificate (on limitations to public access), (Letter Form) | Minister of Citizenship and Immigration |
| 2020-01-27 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-27 | Minister of Citizenship and Immigration |
| 2019-12-18 | Letter acknowledging receipt of an incomplete application for leave to appeal | |
| 2019-12-16 | Application for leave to appeal, (Book Form), Completed on: 2019-12-16 | David Roger Revell |
| 2019-11-25 | Correspondence received from, (Letter Form), RE: Application and Motion to Expedite | David Roger Revell |
| 2019-11-25 | Letter acknowledging receipt of a notice of application for leave to appeal, FILE OPENED 11/25/19 | |
| 2019-11-25 | Certificate (on limitations to public access), (Letter Form) | David Roger Revell |
| 2019-11-25 | Motion to expedite the application for leave to appeal, (Included in the notice of application for leave to appeal), Missing: Affidavit in support (rec' 12/16/19), Completed on: 2019-12-18 | David Roger Revell |
| 2019-11-25 | Notice of application for leave to appeal, (Letter Form), Completed on: 2019-11-25 | David Roger Revell |
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 |
|---|---|---|
| Revell, David Roger | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Counsel
Party: Revell, David Roger
Counsel
Lorne Waldman
555 West Georgie Street
Suite 600
Vancouver, British Columbia
V6B 1Z5
Telephone: (604) 681-9887
FAX: (604) 681-8087
Agent
500-30 Metcalfe St.
Ottawa, Ontario
K1P 5L4
Telephone: (613) 482-2463
FAX: (613) 235-3041
Email: cbauman@goldblattpartners.com
Party: Minister of Citizenship and Immigration
Counsel
Helen Park
900 - 840 Howe Street
Vancouver, British Columbia
V6Z 2S9
Telephone: (604) 666-1296
FAX: (604) 666-2639
Email: banafsheh.sokhansanj@justice.gc.ca
Agent
Department of Justice Canada, Civil Litigation Section
50 O'Connor Street, 5th Floor
Ottawa, Ontario
K1A 0H8
Telephone: (613) 941-2351
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Summary
Keywords
Charter of Rights — Right to life, liberty and security of the person — Cruel and unusual treatment or punishment — Immigration — Permanent resident found inadmissible to Canada on grounds of serious criminality and organized criminality and ordered deported — Permanent resident claiming provisions of Immigration and Refugee Protection Act violate s. 7 and s. 12 of the Charter — Legislation upheld — Whether the harms that result from uprooting and deporting a long term permanent resident, absent persecution or torture in the country of removal, engage s. 7 of the Charter — Whether the provisions of the Immigration and Refugee Protection Act which set out the process for deportation of a long term permanent resident on grounds of serious criminality or organized criminality violate s. 7 or s. 12 of the Charter — Whether the Supreme Court of Canada cases of Canada (Minister of Employment and Immigration) v. Chiarelli, [1992] 1 S.C.R. 711 and Medovarski v. Canada, 2005 SCC 51, [2005] 2 S.C.R. 539, should be revisited in light of superseding developments in Charter jurisprudence, domestic and international law —Canadian Charter of Rights and Freedoms, ss. 7 and 12 — Immigration and Refugee Protection Act, S.C. 2001, c. 27, ss. 36(1)(a), 37(1)(a), 44 and 45.
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.
The applicant is a British citizen who immigrated to Canada in 1974 at the age of ten. He has lived in Canada as a permanent resident since then. In 2008, he was found guilty of drug possession and drug trafficking. In 2013, he pleaded guilty to assault with a weapon and assault causing bodily harm. He was referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing. He conceded he was inadmissible but challenged the constitutionality of provisions of the Immigration and Refugee Protection Act as unjustifiably infringing his rights under ss. 7 and 12 of the Charter.
Lower court rulings
Federal Court
2017 FC 905, IMM-3411-16
Application for judicial review dismissed; two questions certified for appeal
Federal Court of Appeal
A-316-17, 2019 FCA 262
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
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 613‑996‑7933 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