加拿大华人论坛 加拿大留学移民印度组织诉讼的老大就9月18开庭的发言

在加拿大

So the action at the court has started and as we see there is lot of anxiety and confusion regarding the order/proceedings dated 18 Sept 2012. Though Felix Jiang our dear friend has very clearly explained but still I will once again try to say it in my own words what I could understand from the available material because still we have not got the copy of order given by Judge Barnes. In simple words it says as follows:- (1) CIC has stated that it will not destroy the pending files of pre 27 Feb 2008 for two years as such Judge Barnes has decided that in such situation when the files will not be destroyed there is no need to seek or grant an injunction....(2) The Judge has said that even in the event if CIC makes the refund and applicant encashes the cheque he will not be denied processing if ultimately a decision comes in his favor the only thing he will be required to do is repay the refunded fee and his file will be reinstated.(3) Judge has refused an injunction for all the 2,80,000 applicants as sought by Waldman (4)The Judge again reiterated his preference for a managed case rather than a class suit. IMPLIED CONCLUSION AND EFFECT:----------------------------------------------From the above it can be inferred that by not giving an injunction to all Judge wants to convey that it will not be a Class Action. If it is not a class action then only those who are a part of any litigation will be entitled to the relief in case a final judgment comes in favor of the litigants. Refusal of Injunction does not impact those who have approached the court because ultimately the decision of the court will be applied. Although the files of all the 2,80,000 applicants will not be destroyed by the CIC and will be preserved until two years but if it is not a Class Action and the proceedings are case managed that will mean those who are not a part of any litigation they will automatically get deleted and lose their right to any relief finally granted by the court.CIC has pre-empted the move for injunction by saying that it will not destroy all 2,80,000 files until two years as it knows if it is not a Class Action only a few thousand will move the court and it will be able to tackle the situation easily and also save the scene by compromising and agreeing to process those who are in court and may avoid getting a decision of the court.In one sentence “though it is not but still it is sort of Injunction for all but ultimately it may be applicable only on the litigants meaning thereby the decision of the court will be ultimate and a favourable decision may be applicable on the petitioners alone.Still as we have yet not received a copy of the order so we cannot say anything definitely and it is very early to predict anything as the case is in its initial stage.The world is closely watching Canadian Judiciary let us see how impartial it is let the world see if it is still controlled by colonial forces or it delivers justice. Hope for the best.

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