- Parties: The appellant was the Minister of Public Safety and Emergency Preparedness. The respondent was Colin James Ewen.

- Subject Matter: The respondent, a U.K. citizen residing in Canada, was the subject of a removal order since the Immigration and Refugee Board of Canada declared him inadmissible to Canada on grounds of serious criminality. In this case, the issue was whether the motion judge could, on his own motion, raise at the hearing an issue under the Canadian Charter of Rights and Freedoms that was unrelated to any immigration matters and could order an interim stay of the respondent’s removal from Canada to adjudicate that issue.

- Ruling: The appeal court ruled in the appellant’s favour, granted the appeal, and set aside and quashed the Federal Court’s June 6, 2023 interlocutory order for lack of jurisdiction. The appeal court lifted the June 29, 2023 interim stay order of all proceedings in file IMM-6831-23 relating to the application for leave and judicial review. The appeal court refused to refer the underlying stay motion to the Federal Court as doing this served no useful purpose. The course of action suggested by the appellant was inappropriate, unwarranted, and in excess of the Federal Court’s jurisdiction, the appeal court said.

- Date: The hearing was set on Sept. 12, 2023. The court released its decision on Nov. 16, 2023.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.