Case information
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38964
Massimo Thomas Moretto 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) |
|---|---|---|
| 2020-07-13 | 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 application for leave to appeal from the judgment of the Federal Court of Appeal, Number A-50-18, 2019 FCA 261, dated October 18, 2019 is dismissed without costs. Dismissed, without costs |
|
| 2020-02-17 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2020-02-10 | Applicant's reply to respondent's argument, (Book Form), Completed on: 2020-02-10 | Massimo Thomas Moretto |
| 2020-01-30 | Certificate (on limitations to public access), (Letter Form) | Minister of Citizenship and Immigration |
| 2020-01-30 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2020-01-30 | Minister of Citizenship and Immigration |
| 2019-12-19 | Letter acknowledging receipt of an incomplete application for leave to appeal, FILE OPENED 12/19/19 | |
| 2019-12-17 | Certificate (on limitations to public access), (Letter Form) | Massimo Thomas Moretto |
| 2019-12-17 | Application for leave to appeal, (Book Form), (2 volumes), Completed on: 2020-01-10 | Massimo Thomas Moretto |
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 |
|---|---|---|
| Moretto, Massimo Thomas | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Counsel
Party: Moretto, Massimo Thomas
Counsel
Laura Best
609 West Hastings Street
Suite 600
Vancouver, British Columbia
V6B 4W4
Telephone: (604) 662-7404
FAX: (604) 662-7466
Email: Lobat@embarkation.ca
Agent
Ottawa, Ontario
K2P 0J8
Telephone: (613) 282-1712
FAX: (613) 288-2896
Email: msobkin@sympatico.ca
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
50 O'Connor Street
Suite 500
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
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 — Freedom of association — Immigration — Permanent resident claiming provision of Immigration and Refugee Protection Act violates ss. 2(d), 7 and 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 provision of the Immigration and Refugee Protection Act which cancels stay of removal order by operation of law violates s. 7 or s. 12 or s. 2(d) 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 and domestic and international law — Canadian Charter of Rights and Freedoms, ss. 2(d), 7 and 12 — Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 68(4).
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 was born in Italy and immigrated to Canada as a baby. He became a permanent resident and has spent some fifty years in Canada. Following a conviction on several counts of theft and breaking and entering, he was found inadmissible for serious criminality and the Immigration Division of the Immigration and Refugee Board (“IRB”) issued a deportation order against him. The Immigration Appeal Division of the IRB issued a conditional stay of the removal order. While the stay was in place, Mr. Moretto was convicted of another serious criminality offence and the stay was cancelled by operation of s. 68(4) of the Immigration and Refugee Protection Act. The applicant challenged the constitutionality of the provision as unjustifiably infringing his rights under ss. 7, 12 and 2(d) of the Charter.
Lower court rulings
Federal Court
2018 FC 71, IMM-218-17
Application for judicial review dismissed; three questions certified for appeal
Federal Court of Appeal
2019 FCA 261, A-50-18
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