Statutory, judicial, and administrative stays in immigration matters
The vast majority of cases heard and determined by the Federal Court of Canada relate to immigration law; approximately 80% of the cases adjudicated by the Federal Court of Canada are immigration matters.   Most immigration cases that reach the Federal Court of Canada eventually result in the individual’s removal.  A motion for a stay of removal is generally the last recourse a person can seek in order to avoid or, at least, delay his or her removal from Canada.  Nearly 800 such motions were adjudicated by the Federal Court of Canada in 2008.   Despite such a considerable number of cases and the important role these proceedings play in a person’s life, no author has ever attempted to organize and present the legislative and jurisprudential rules that govern stays.  No books, articles or commentaries have been written to analyze the cases rendered on motions for a stay of removal.  No document compiling decisions relating to stay of removal has ever been prepared.  Similarly, universities and other institutions do not offer courses or professional development training on this subject. The law relating to stays consists exclusively of cases decided by the Federal Court. A lawyer is expected to prepare a stay motion almost intuitively.  Yet, the urgent nature of these proceedings makes it practically impossible for inexperienced counsel to conduct adequate research and properly represent the interests of their client.  Hence, many strong cases are lost due to a lack of experience and inadequate preparation.  Many excellent lawyers practicing immigration law refuse to introduce such proceedings before the Federal Courts because they are not familiar with the principles governing stays. The law of stays in an immigration context resembles a legal patchwork because the case law is often inconsistent and at times contradictory.  This book organizes, presents, and explains, in a clear and concise manner, the law of stays.  In particular, this book examines the three types of stays: legislative, administrative and judicial. Judges and practitioners alike will find this quick reference tool very useful when dealing with motions for a stay of removal.
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