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Granting of Judicial
Review – In our case, Justice Beaudry of the Federal
Court of Canada reviewed our application and granted our
request. However,
in the Canadian federal court system, the individual justice
that reviews a request is often not the particular justice
that is on duty the week that the case is then called to
be heard. Hence it was that Judge Campbell was the particular
judge that ended up hearing the Special Sitting of the Federal
Court in Edmonton on April 11th, 2005. He chose to
restrict his ruling to whether or not the IRB had acted correctly
at the time of the original hearing in August of 2004, although
it is disputed whether he was allowed to enter any of the
additional evidence (a "Further Affidavit" and
additional affidavits and evidence by third parties; see
pp2 and 3 of the 'Granting of Leave') that Justice Beaudry
had stipulated should be submitted by a date certain prior
to the Special Sitting. |
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