Evidence of meeting #29 for Citizenship and Immigration in the 39th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was federal.
A recording is available from Parliament.
9:35 a.m.
Acting Registrar, Registry Branch, Courts Administration Service, Federal Court of Canada
I again don't think we're in a position to comment on the RAD provisions. I think we have to limit our testimony to Federal Court procedures.
9:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Each counsel in a Federal Court appeal is entitled to make submissions based on the record, are they not?
9:35 a.m.
Acting Registrar, Registry Branch, Courts Administration Service, Federal Court of Canada
9:35 a.m.
Conservative
Ed Komarnicki Conservative Souris—Moose Mountain, SK
Do you agree that's similar to how the RAD provisions apply--submissions can be made by counsel on the record?
9:35 a.m.
Acting Registrar, Registry Branch, Courts Administration Service, Federal Court of Canada
9:35 a.m.
Liberal
Andrew Telegdi Liberal Kitchener—Waterloo, ON
I have a couple of quick questions. I wonder if you could provide us with information on how many cases the Federal Court handles in the humanitarian and compassionate process and the pre-removal risk assessment process. Perhaps you could get that information to us when you're getting the other information.
What is the salary range of a Federal Court judge?
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I believe at the moment it's $240,000 a year.
9:40 a.m.
Liberal
Andrew Telegdi Liberal Kitchener—Waterloo, ON
That's at least double what we pay somebody on the refugee board.
Thank you very much.
9:40 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
As there is no appeals section, you said earlier that there is no case law in this respect. When the Federal Court hands down a ruling, do you hear of cases of individuals from the same family where some applications were approved, and others denied, though circumstances were very similar? How would a Federal Court judge react to such a situation?
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I am sorry, but I cannot answer. I have no idea.
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
That is a question—
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
It would be a very specific case, and I would have to see if there is any case law. I really have no idea as to whether or not there is any.
9:40 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
How can we now make sure that all refugee rulings are uniform? Earlier, you said that decisions subject to judicial review are not revised. In addition, when decisions under judicial review are denied, do you inform the people concerned and provide them with the details of the refused application?
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
Indeed, in addition, they receive a copy of the judge's order through registered mail.
9:40 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
Do you provide them with a detailed report on the grounds of the refusal?
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I do not believe that the judge provides the grounds of refusal for each decision. Did I understand your question properly?
9:40 a.m.
Acting Registrar, Registry Branch, Courts Administration Service, Federal Court of Canada
Yes. In the majority of cases, the decisions do not include extensive explanations. Normally, there is another process for the judicial review.
9:40 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
What you do to ensure the quality of the decisions made in the judicial review? You seem to be driven by fear of creating a backlog. What do you do to make sure that the decisions are fair?
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
The judges are the ones who make the decisions. They have experience in the field. It is not the staff's role to review the judges' decisions.
9:40 a.m.
Bloc
Meili Faille Bloc Vaudreuil—Soulanges, QC
What would allow for a certain degree of control over the quality of these decisions?
