Case information
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35215
Luis Alberto Hernandez Febles 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) |
|---|---|---|
| 2014-11-03 | Appeal closed | |
| 2014-10-31 | Formal judgment sent to the registrar of the court of appeal and all parties | |
| 2014-10-31 | Judgment on appeal and notice of deposit of judgment sent to all parties | |
| 2014-10-30 |
Judgment on the appeal rendered, CJ LeB Abe Ro Cro Mo Wa, The appeal from the judgment of the Federal Court of Appeal, Number A-379-11, 2012 FCA 324, dated December 7, 2012, heard on March 25, 2014, is dismissed. The decision of the Immigration and Refugee Board denying refugee protection to the appellant is upheld. Abella and Cromwell JJ. are dissenting. Dismissed |
|
| 2014-04-08 | Transcript received, 140 pages | |
| 2014-03-27 | Correspondence received from, Jennifer Klinck re: error in factum | Amnesty International |
| 2014-03-25 | Judgment reserved OR rendered with reasons to follow | |
| 2014-03-25 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | Amnesty International |
| 2014-03-25 | Intervener's condensed book, (Book Form), Submitted in Court (14 copies) | United Nations High Commissioner for Refugees |
| 2014-03-25 | Intervener's condensed book, (Book Form), submitted in Court (14 copies) | Canadian Council for Refugees |
| 2014-03-25 | Respondent's condensed book, (Book Form), Submitted in Court (14 copies) | Minister of Citizenship and Immigration |
| 2014-03-25 | Appellant's condensed book, (Book Form), Submitted in Court (14 copies) | Luis Alberto Hernandez Febles |
| 2014-03-25 |
Hearing of the appeal, 2014-03-25, CJ LeB Abe Ro Cro Mo Wa Judgment reserved |
|
| 2014-03-24 | Notice of appearance, Peter Edelmann, Lorne Waldmanand, Aris Daghighian will be present | Canadian Civil Liberties Association |
| 2014-03-20 | Notice of appearance, Angus Grant and Pia Zambelli will be present | Canadian Council for Refugees |
| 2014-03-20 | Notice of appearance, Aviva Bassman and Alyssa Manning will be present | Canadian Association of Refugee Lawyers |
| 2014-03-20 | Notice of appearance, Jennifer Klinck, Perri Ravon, Michael Sabet and Justin Dubois will be present | Amnesty International |
| 2014-03-19 | Notice of appearance, John terry and Ryan Lax will be present | United Nations High Commissioner for Refugees |
| 2014-03-19 | Correspondence received from, Marie-France Major re: 3 reserved seats | United Nations High Commissioner for Refugees |
| 2014-03-18 | Certificate (on limitations to public access), (Letter Form), (Electronic version due on 2014-03-25) | Minister of Citizenship and Immigration |
| 2014-03-18 |
Order by, Abe, FURTHER TO THE ORDER dated January 29, 2014, granting leave to intervene to Amnesty International, the United Nations High Commissioner for Refugees, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and the Canadian Civil Liberties Association; IT IS HEREBY FURTHER ORDERED THAT: the said interveners are each granted permission to present oral argument not exceeding ten (10) minutes at the hearing of the appeal. Granted |
|
| 2014-03-18 | Supplemental document, Authorities, Completed on: 2014-03-18 | Minister of Citizenship and Immigration |
| 2014-03-18 | Reply factum on appeal, (Book Form), service missing (rec'd 2014-03-20), Completed on: 2014-03-20, (Electronic version filed on 2014-03-20) | Minister of Citizenship and Immigration |
| 2014-03-13 | Correspondence received from, Aris Daghighian re: 2 reserved seats | Canadian Civil Liberties Association |
| 2014-03-13 | Supplemental document, (Book Form), Appellant's supplemental authorities. Service missing, Completed on: 2014-03-21, (Electronic version filed on 2014-03-13) | Luis Alberto Hernandez Febles |
| 2014-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | Canadian Council for Refugees |
| 2014-03-11 | Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | Canadian Council for Refugees |
| 2014-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | United Nations High Commissioner for Refugees |
| 2014-03-11 | Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | United Nations High Commissioner for Refugees |
| 2014-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | Amnesty International |
| 2014-03-11 | Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | Amnesty International |
| 2014-03-11 | Intervener's book of authorities, (Book Form), Completed on: 2014-03-11 | Canadian Association of Refugee Lawyers |
| 2014-03-11 | Intervener's factum, (Book Form), Completed on: 2014-03-11, (Electronic version filed on 2014-03-11) | Canadian Association of Refugee Lawyers |
| 2014-03-10 | Notice of appearance, Peter Shams and Jared Will will be present, 7 reserved seats | Luis Alberto Hernandez Febles |
| 2014-03-10 | Correspondence received from, Aivia Basman re: 10 reserved seats | Canadian Association of Refugee Lawyers |
| 2014-03-10 | Correspondence received from, Aviva Basman re: change of counsel | Canadian Association of Refugee Lawyers |
| 2014-03-07 | Intervener's book of authorities, (Book Form), Service missing. Received 2014-03-14., Completed on: 2014-03-07, (Electronic version filed on 2014-03-13) | Canadian Civil Liberties Association |
| 2014-03-07 | Intervener's factum, (Book Form), Service missing. Received 2014-03-14., Completed on: 2014-03-14, (Electronic version filed on 2014-03-13) | Canadian Civil Liberties Association |
| 2014-03-07 | Order on miscellaneous motion, (by the DEPUTY REGISTRAR) | |
| 2014-03-07 |
Decision on miscellaneous motion, DeRg, UPON APPLICATION by the appellant for an order permitting him to file a supplementary book of authorities containing the table of contents and Chapter 7 of the forthcoming publication, The Law of Refugees Status, second edition; THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion is granted, and the appellant may serve and file his supplemental book of authorities on or before March 14, 2014. Granted |
|
| 2014-03-07 | Submission of miscellaneous motion, DeRg | |
| 2014-03-05 | Notice of appearance, François Joyal will be present. 8 seats requested | Minister of Citizenship and Immigration |
| 2014-02-27 | Correspondence received from, Notice of change of law firm, from Heenan Blaikie to Power Law | Amnesty International |
| 2014-02-27 | Correspondence received from, Joanna G. Theckeray re: address | Amnesty International |
| 2014-02-27 | Notice of miscellaneous motion, (Letter Form), To file supplemental authorities (fees missing) (rec'd 2014-03-10), Completed on: 2014-03-10, (Printed version filed on 2014-03-04) | Luis Alberto Hernandez Febles |
| 2014-02-05 | Appeal perfected for hearing | |
| 2014-02-04 | Respondent's book of authorities, (Book Form), 5 volumes, Completed on: 2014-02-04 | Minister of Citizenship and Immigration |
| 2014-02-04 | Respondent's factum, (Book Form), Completed on: 2014-02-04 | Minister of Citizenship and Immigration |
| 2014-02-04 | Correspondence received from, Request for 4 reserved seats | Amnesty International |
| 2014-01-29 | Order on motion to extend time, (see order on motion for leave to intervene dated January 29, 2014) (by ABELLA J.) | |
| 2014-01-29 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2014-01-29 |
Decision on motion to extend time, (see order on the motion for leave to intervene dated January 29, 2014), Abe Granted |
|
| 2014-01-29 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by the Refugee Law Initiative for an extension of time to apply for leave to intervene and for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motion for an extension of time to apply for leave to intervene is granted. The motion for leave to intervene is dismissed. Dismissed |
|
| 2014-01-29 | Submission of motion to extend time, Abe | |
| 2014-01-29 | Submission of motion for leave to intervene, Abe | |
| 2014-01-29 | Order on motion for leave to intervene, (by ABELLA J.) | |
| 2014-01-29 |
Decision on the motion for leave to intervene, Abe, UPON APPLICATIONS by Amnesty International, the United Nations High Commissioner for Refugees, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and the Canadian Civil Liberties Association for leave to intervene in the above appeal; AND THE MATERIAL FILED having been read; IT IS HEREBY ORDERED THAT: The motions for leave to intervene of Amnesty International, the United Nations High Commissioner for Refugees, the Canadian Association of Refugee Lawyers, the Canadian Council for Refugees and the Canadian Civil Liberties Association are granted and the said interveners shall be entitled to each serve and file a factum not to exceed 10 pages in length on or before March 11, 2014. To the extent that their interests are similar, interveners shall consult to avoid repetition. The requests to present oral argument are deferred to a date following receipt and consideration of the written arguments of the parties and the interveners. The interveners are not entitled to raise new issues or to adduce further evidence or otherwise to supplement the record of the parties. Pursuant to Rule 59(1)(a) of the Rules of the Supreme Court of Canada, the interveners shall pay to the appellant and respondent any additional disbursements occasioned to the appellant and respondent by their interventions. The respondent is permitted to serve and file a single factum of no more than 5 pages in response to all interveners on or before March 18, 2014. The appellant’s request to file a factum in reply thereto is denied. Granted |
|
| 2014-01-29 | Submission of motion for leave to intervene, Abe | |
| 2014-01-27 | Reply to motion to extend time, (Letter Form), (Included in the reply to the motion for leave to intervene), Completed on: 2014-01-27 | Refugee Law Initiative |
| 2014-01-27 | Reply to the motion for leave to intervene, (Letter Form), Completed on: 2014-01-27, (Electronic version filed on 2014-01-27) | Refugee Law Initiative |
| 2014-01-24 | Response to motion to extend time, (Letter Form), Included in the Response for leave to intervene., Completed on: 2014-01-24, (Electronic version filed on 2014-01-24) | Luis Alberto Hernandez Febles |
| 2014-01-24 | Response to the motion for leave to intervene, (Letter Form), Response to ext. time also included, Completed on: 2014-01-24, (Electronic version filed on 2014-01-24) | Luis Alberto Hernandez Febles |
| 2014-01-23 | Response to motion to extend time, (Letter Form), (Included in the response to the motion for leave to intervene), Included in the Response for leave to intervene., Completed on: 2014-01-23, (Electronic version filed on 2014-01-23) | Minister of Citizenship and Immigration |
| 2014-01-23 | Response to the motion for leave to intervene, (Letter Form), Response to ext. time also included , Completed on: 2014-01-23, (Electronic version filed on 2014-01-23) | Minister of Citizenship and Immigration |
| 2014-01-21 | Motion to extend time, (Book Form), Motion to extend time to file the motion for leave to intervene, Completed on: 2014-01-21 | Refugee Law Initiative |
| 2014-01-21 | Motion for leave to intervene, (Book Form), Completed on: 2014-01-21 | Refugee Law Initiative |
| 2014-01-16 | Reply to the motion for leave to intervene, Completed on: 2014-01-16 | United Nations High Commissioner for Refugees |
| 2014-01-15 | Response to the motion for leave to intervene, (to all motions for leave to intervene), Completed on: 2014-01-15 | Luis Alberto Hernandez Febles |
| 2014-01-14 | Reply to the motion for leave to intervene, Completed on: 2014-01-14 | Canadian Council for Refugees |
| 2014-01-14 | Correspondence (sent by the Court) to, Refugee Law Initiative (of the United Kingdon) advising that they require Canadian counsel in order to proceed in this matter. | |
| 2014-01-14 | Reply to the motion for leave to intervene, Completed on: 2014-01-14 | Canadian Association of Refugee Lawyers |
| 2014-01-10 | Reply to the motion for leave to intervene, Completed on: 2014-01-10 | Amnesty International |
| 2014-01-09 | Response to the motion for leave to intervene, (joint response to all motions), Completed on: 2014-01-09 | Minister of Citizenship and Immigration |
| 2013-12-20 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 | Canadian Civil Liberties Association |
| 2013-12-20 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 | Canadian Council for Refugees |
| 2013-12-20 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-20 | Canadian Association of Refugee Lawyers |
| 2013-12-19 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-19 | United Nations High Commissioner for Refugees |
| 2013-12-19 | Motion for leave to intervene, (Book Form), Completed on: 2013-12-19 | Amnesty International |
| 2013-11-27 | Notice of hearing sent to parties | |
| 2013-11-22 | Appellant's book of authorities, (11 volumes), Completed on: 2013-11-22 | Luis Alberto Hernandez Febles |
| 2013-11-22 | Appellant's record, (2 volumes), Completed on: 2013-11-22 | Luis Alberto Hernandez Febles |
| 2013-11-22 | Appellant's factum, Completed on: 2013-11-22 | Luis Alberto Hernandez Febles |
| 2013-11-19 |
Appeal hearing scheduled, 2014-03-25, (previously tentatively scheduled April 16, 2014) Judgment reserved |
|
| 2013-08-30 | Notice of appeal, Completed on: 2013-08-30 | Luis Alberto Hernandez Febles |
| 2013-08-06 | Correspondence received from, François Joyal dated August 6/13 re: change of counsel | Minister of Citizenship and Immigration |
| 2013-07-23 | Letter advising the parties of tentative hearing date and filing deadlines (Leave granted) | |
| 2013-07-05 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2013-07-05 | Judgment on leave sent to the parties | |
| 2013-07-04 |
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-379-11, 2012 FCA 324, dated December 7, 2012, is granted with costs in the cause. Granted, with costs in the cause |
|
| 2013-04-15 | All materials on application for leave submitted to the Judges, CJ Abe Cro | |
| 2013-03-18 | Applicant's reply to respondent's argument, (Letter Form), Completed on: 2013-03-18 | Luis Alberto Hernandez Febles |
| 2013-03-07 | Respondent's response on the application for leave to appeal, (Book Form), Form 25B missing (rec'd March 8/2013), Completed on: 2013-03-08 | Minister of Citizenship and Immigration |
| 2013-02-08 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order | |
| 2013-02-05 | Book of authorities, (Book Form) | Luis Alberto Hernandez Febles |
| 2013-02-05 | Application for leave to appeal, (Book Form), CA order missing (rec'd Feb 8/13), Completed on: 2013-02-08 | Luis Alberto Hernandez Febles |
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 |
|---|---|---|
| Hernandez Febles, Luis Alberto | Appellant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Minister of Citizenship and Immigration | Respondent | Active |
Other parties
| Name | Role | Status |
|---|---|---|
| Amnesty International | Intervener | Active |
| United Nations High Commissioner for Refugees | Intervener | Active |
| Canadian Association of Refugee Lawyers | Intervener | Active |
| Canadian Council for Refugees | Intervener | Active |
| Canadian Civil Liberties Association | Intervener | Active |
Counsel
Party: Hernandez Febles, Luis Alberto
Counsel
Peter Shams
Montreal, Quebec
H2S 1W9
Telephone: (416) 657-1472
FAX: (416) 657-1511
Email: jared@jwavocat.ca
Agent
43 Florence St.
Ottawa, Ontario
K2P 0W6
Telephone: (613) 232-2688 Ext: 228
FAX: (613) 232-2680
Email: yhameed@hf-law.ca
Party: Minister of Citizenship and Immigration
Counsel
Complexe Guy-Favreau
200, boul. René-Lévesque Ouest
Montréal, Quebec
H2Z 1X4
Telephone: (514) 283-5880
FAX: (514) 496-7876
Agent
50 O'Connor Street, Suite 500, Room 557
Ottawa, Ontario
K1A 0H8
Telephone: (613) 670-6290
FAX: (613) 954-1920
Email: christopher.rupar@justice.gc.ca
Party: Amnesty International
Counsel
Perri Ravon
Michael Sabet
Justin Dubois
130 Albert Street
Suite 1103
Ottawa, Ontario
K1P 5G4
Telephone: (613) 702-5560
FAX: (888) 404-2227
Party: United Nations High Commissioner for Refugees
Counsel
Ryan Lax
Rana R. Khan
Suite 3000, Maritime Life Tower
P. O. Box 270, Toronto-Dominion Centre
Toronto, Ontario
M5K 1N2
Telephone: (416) 865-8245
FAX: (416) 865-7380
Email: jterry@torys.com
Agent
100- 340 Gilmour Street
Ottawa, Ontario
K2P 0R3
Telephone: (613) 695-8855 Ext: 102
FAX: (613) 695-8580
Email: mfmajor@supremeadvocacy.ca
Party: Canadian Association of Refugee Lawyers
Counsel
Aviva Basman
Alyssa Manning
526 St. Clair Avenue West, Unit 3
Toronto, Ontario
M6C 1A6
Telephone: (416) 653-9964
FAX: (416) 653-1036
Email: barb@bjackman.com
Agent
73 Albert Street
Ground Floor
Ottawa, Ontario
K1P 1E3
Telephone: (613) 238-7931 Ext: 59
FAX: (613) 238-3410
Party: Canadian Council for Refugees
Counsel
Angus Grant
Pia Zambelli
Faculty of Law
1822 East Mall
Vancouver, British Columbia
V6T 1Z1
Telephone: (604) 827-3055
FAX: (604) 822-8108
Email: dauvergne@law.ubc.ca
Agent
290 Dupuis Street
Ottawa, Ontario
K1L 1A2
Telephone: (613) 744-2892 Ext: 1114
FAX: (613) 744-3960
Email: cetoutem@lao.on.ca
Party: Canadian Civil Liberties Association
Counsel
Lorne Waldman
Lobat Sadrehashemi
Aris Daghighian
905 - 207 West Hastings Street
Vancouver, British Columbia
V6B 1H7
Telephone: (604) 646-4684
FAX: (604) 648-8043
Email: peter@edelmann.ca
Agent
1 Nicholas Street, Suite 422
Ottawa, Ontario
K1N 7B7
Telephone: (613) 241-7008 Ext: 5224
FAX: (613) 241-8680
Email: bossinm@lao.on.ca
Summary
Keywords
None.
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.
Canadian Charter of Rights and Freedoms - Security of person - Immigration - Convention refugee - Exclusion - Standard of judicial review applicable to interpretation of United Nations Convention Relating to the Status of Refugees - Convention not applicable to refugee claimants believed to have committed serious non-political crime prior to admission to Canada - Appellant twice convicted in U.S. of assault with deadly weapon but having served sentences in U.S. prior to seeking refugee status in Canada - What is proper scope of Article 1F(b) of Convention - Whether post-conviction factors such as rehabilitation may be considered in determining admissibility as Convention refugee - Canadian Charter of Rights and Freedoms, s. 7 - Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 98.
Mr. Febles is a Cuban citizen who was granted refugee status in the United States due to his fear of persecution as a political dissident. While in the U.S., he was twice convicted of assault with a deadly weapon. As a result of those convictions, he was subject to removal from the U.S. after having served his sentences. Shortly after his release from prison, Mr. Febles entered Canada illegally and claimed refugee status.
Before the Refugee Protection Division of the Immigration and Refugee Board (the Board), Mr. Febles argued that he had served his sentences, posed no danger to Canadian society and was now rehabilitated. The Board dismissed his claim for refugee status. It held that it was bound by the legislation (s. 98 of the Immigration and Refugee Protection Act and Article 1F(b) of the United Nations Convention relating to the Status of Refugees) and jurisprudence according to which a person who has been convicted of a serious non-political crime prior to his or her admission to Canada is excluded from refugee protection.
Mr. Febles filed an application for judicial review.
Lower court rulings
Federal Court
IMM-7327-10, 2011 FC 1003
Application for judicial review of a decision of the Immigration and Refugee Board holding that Mr. Febles was excluded from refugee protection, dismissed
Federal Court of Appeal
A-379-11, 2012 FCA 324
Appeal dismissed
Memorandums of argument on application for leave to appeal
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Downloadable PDFs
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Factums on appeal
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
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