2016 FC, 2016 FC 1200

Date: 20161031 Docket: IMM-3296-15 Citation: 2016 FC 1200 Ottawa, Ontario, October 31, 2016 PRESENT: The Honourable Mr.

Justice Barnes BETWEEN: CARMELO BRUZZESE Applicant and MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS, and MINISTER OF CITIZENSHIP & IMMIGRATION Respondents SUPPLEMENTARY JUDGMENT AND REASONS UPON having invited the parties to propose a certified question at the close of argument; AND UPON receiving submissions from the parties concerning a possible certified question in this proceeding; AND UPON determining that it is appropriate to certify a question on the issue of the Applicant’s compellability as a witness before the Board; THIS COURT ORDERS THAT the following question is certified: Was the Applicant a compellable witness and did the Board breach his right to a fair hearing by requiring him to testify?

"R.L. Barnes" Judge FEDERAL COURT SOLICITORS OF RECORD Docket: IMM-3296-15 STYLE OF CAUSE: CARMELO BRUZZESE v MINISTER OF PUBLIC SAFETY & EMERGENCY PREPAREDNESS, and MINISTER OF CITIZENSHIP & IMMIGRATION PLACE OF HEARING: Toronto, ON DATE OF HEARING: April 25, 2016 SUPPLEMENTARY JUDGMENT and REASONS: BARNES J. DATED: OCTOBER 31, 2016 APPEARANCES : Ms. Barbara Jackman For The Applicant Mr. Martin Anderson Ms. Ildiko Erdei For The RespondentS SOLICITORS OF RECORD : Jackman, Nazami & Associates Toronto, ON For The Applicant

William F. Pentney Deputy Attorney General of Canada Toronto, ON For The RespondentS