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.
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
An opportunity to appeal before a court of appeals.
9:40 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
If there were a right to appeal Federal Court decisions.
9:40 a.m.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
Thank you, Mr. Chair.
I just want to come back to the question of refusal to grant leave to appeal. I understand there aren't very detailed reasons, or maybe no reasons given in that case. Is that correct?
Can you tell me in how many cases reasons are provided? Is it unusual to give reasons for a refusal to grant leave?
9:40 a.m.
Acting Registrar, Registry Branch, Courts Administration Service, Federal Court of Canada
It really depends on the merits of each individual case, of course. It's left to the discretion of the judge to render a decision and reasons for a decision. I couldn't give you a specific figure.
9:40 a.m.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
Do you have any sense of it? Would you normally expect to see reasons, or just normally not expect to see reasons?
9:40 a.m.
Acting Registrar, Registry Branch, Courts Administration Service, Federal Court of Canada
We normally do not expect to see reasons when leave is denied.
9:40 a.m.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
Okay.
Has there ever been analysis done of the cases, about why leave would be denied? Has there ever been an analysis done of the circumstances where that decision is made, either by the administration or by the judges themselves, about the kinds of cases that come to them?
I guess what I'm getting at is, is it seen as a nuisance kind of requirement to go through this process, or is there analysis done about the kinds of cases that are coming and why they're getting refused leave to appeal, that kind of thing? Is there any analysis of what's before the court, in that sense?
I understand that the court would deal with everything that comes to it, but has there been no analysis of the kinds of decisions or reasons?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
The judges are traditionally independent to hear, and it's not up to us to interfere.
9:45 a.m.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
Yes, and I understand that the administrative branch wouldn't do that either.
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
Yes, definitely not.
9:45 a.m.
NDP
Bill Siksay NDP Burnaby—Douglas, BC
You don't know of any research, or whatever, that has been done on that kind of question by other folks.
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
Not to my knowledge at the Federal Court.
9:45 a.m.
Liberal
Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Thank you, Mr. Chair. I have just a couple of short questions, actually.
First, has the Minister of Immigration asked you for data with respect to the costs of carrying out your responsibilities vis-à-vis the implementation of the RAD? As you know, the committee is reviewing why the government hasn't implemented the RAD, and one of the underlying points we're trying to get to today is what the cost is to implement the RAD vis-à-vis what the cost is to carry out the work at the courts presently. Has the minister asked your department for any information?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I have not received any such request.
9:45 a.m.
Liberal
Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
The figure you used earlier, $1,277 per case, was that the paperwork costs per case?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
And the salary of the staff to deal with the file.
9:45 a.m.
Liberal
Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
What would the cost be for all the overhead and salaries of judges and processing?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
I will try to obtain that information. There was a previous question to that and I said I would try to provide that kind of information. I don't have that information.
9:45 a.m.
Liberal
Blair Wilson Liberal West Vancouver—Sunshine Coast—Sea to Sky Country, BC
Okay, thank you.
Lastly, if the government were to implement the RAD—and I know the parliamentary secretary has had numerous questions with respect to the duplication possibilities there—would there not be cost savings and workload reduction in the courts if the RAD were to be the avenue of appeal?
9:45 a.m.
Acting Chief Administrator, Office of the Chief Adminsitrator, Courts Administration Service, Federal Court of Canada
We cannot answer that, because we honestly don't know. We don't know whether people will simply continue and avail themselves of every appeal process or not. Until the system is in place, it's very difficult to see what's going to come to the court or not.
