OMNIBUS BUDGET BILL, C-38
- Thread starter Mancilla
- Start date
DOJ's Response to Motion filed last week
As you are eware, the Court issued its direction yesterday cleclining to certlfy a question in these maters.
As we indicated in our letter of Juns 29, 2012, we are now in diEcussions with our client as to how the
court order should guide the further processing of outstanding applications in these matters, in
accordance with the protocol.
We will be able to provide you with a specific proposal by July 16, 2012.
As you are aware, Bill C-38 has now been enacted, and as such, the pre-C5O applications that had not
reached a selection decision before March 29, 2012, are terminated by operation of law. The Minietar has
no discretion in this matter and cannot undertake to process applications contrary to law, lt is open to the
Applicants to challenge the validity of the law in separate litigation.
We respectfully request that you adjourn your motion dated June 29,2012, unless and until such time ag
we reach an impasse in our diecussions regarding the processing of the remaining applications. The
Court has indicated to both parties that it does not wish to become involved until the parties are not able
to come to an agreoment on a specific matter requiring the intervention of the Court. We wish to have the
opportunity to provide you with our client's instructions by July 16,2012.
As you are eware, the Court issued its direction yesterday cleclining to certlfy a question in these maters.
As we indicated in our letter of Juns 29, 2012, we are now in diEcussions with our client as to how the
court order should guide the further processing of outstanding applications in these matters, in
accordance with the protocol.
We will be able to provide you with a specific proposal by July 16, 2012.
As you are aware, Bill C-38 has now been enacted, and as such, the pre-C5O applications that had not
reached a selection decision before March 29, 2012, are terminated by operation of law. The Minietar has
no discretion in this matter and cannot undertake to process applications contrary to law, lt is open to the
Applicants to challenge the validity of the law in separate litigation.
We respectfully request that you adjourn your motion dated June 29,2012, unless and until such time ag
we reach an impasse in our diecussions regarding the processing of the remaining applications. The
Court has indicated to both parties that it does not wish to become involved until the parties are not able
to come to an agreoment on a specific matter requiring the intervention of the Court. We wish to have the
opportunity to provide you with our client's instructions by July 16,2012.
jnathan
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Mancilla
I read yesterday, somewhere, Cant remember now.
The next hearing of this case will be in September 2012.
I read yesterday, somewhere, Cant remember now.
The next hearing of this case will be in September 2012.
It will now be up to the Federal Court to determine whether to require Kenney to honour his written commitment, filed with the Federal Court of Canada, in February. Alternatively, the Federal Court could set a hearing date to decide the cases Justice Donald Rennie choose not to decide, holding that the Protocol, which Kenney has now repudiated, governed their disposition.
annel
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I received an email from my attorney stating the following:
The legislation that allows the government to terminate your application has now become law. However, the government has agreed to not destroy files or initiate the refund of processing fees for 90 days. Within the next 90 days (probably in September) we will have our first day in Court. We will be asking the Court to certify our cases as a Class Action. If we are successful at that stage then we would expect another Court date, before the end of this year, at which time we would likely have our opportunity to argue the reasons why we feel the Court should strike down the part of the law that would allow the government to terminate your application and request that the Court order the government to continue processing your application
The legislation that allows the government to terminate your application has now become law. However, the government has agreed to not destroy files or initiate the refund of processing fees for 90 days. Within the next 90 days (probably in September) we will have our first day in Court. We will be asking the Court to certify our cases as a Class Action. If we are successful at that stage then we would expect another Court date, before the end of this year, at which time we would likely have our opportunity to argue the reasons why we feel the Court should strike down the part of the law that would allow the government to terminate your application and request that the Court order the government to continue processing your application