Tips for Dealing with Emergency Stay Motions

  • January 13, 2020
  • Rafeena Rashid, barrister & solicitor

Just over three years ago, I left my position as Counsel at the Department of Justice, Immigration Law Division (“DOJ”) to co-found the boutique immigration law firm of Rashid Urosevic LLP. I am amongst a small group within the immigration bar to have experience on both sides of a court file. Since joining the private bar, I often have colleagues ask about how things are done at the DOJ. When I can, I share what I came to regard as best practices. In this article, I will share how I deal with emergency stay motions in private practice, based on what I learned at the DOJ.  

My practice might change once the Federal Court Citizenship, Immigration and Refugee Law Bar Liaison Committee (“Committee”) finalizes its guidelines regarding stay motions. The Committee is developing these guidelines because the Federal Court has seen an increase in emergency motions brought to stay removal. The Court will likely continue to see these types of motions given Canada Border Services Agency’s announcement to increase the number of removals by up to thirty-five percent.[1]