EMILIE OWIE NELSON OWIE IVAN OWIE KELLY OWIE WHITNEY OWIE Applicants v. THE MINISTER OF CITIZENSHIP, 2021 FC 805

Date: 20210729 Docket: IMM-4458-21 Citation: 2021 FC 805 Ottawa, Ontario, July 29, 2021 PRESENT: The Honourable Mr.

Justice Shore BETWEEN:EMILIE OWIE NELSON OWIE IVAN OWIE KELLY OWIE WHITNEY OWIEApplicantsandTHE MINISTER OF CITIZENSHIP AND IMMIGRATIONRespondent ORDER AND REASONS (Delivered after the hearing on the Bench on July 29, 2021) [1] Upon the Applicants’ motion for a stay of removal, scheduled for August 3, 2021; [2] And, upon considering the underlying decision; [3] And, upon reviewing all the documentation filed and hearing the submissions of both respective counsel by videoconference usingthe Zoom platform; [4] And, upon determining the conjunctive tripartite criteria, as specified in Toth v Canada (Minister of Employment and Immigration),(1988) (FCA), 6 Imm LR (2d) 123, 86 NR 302 (FCA), have been satisfied due to grave danger to the principalApplicant as per the point-specific, clear, detailed, most substantial, uncontradicted evidence on file in respect of previous and attemptedkidnappings to her person and danger to her children to have their mother abducted, in addition to individual danger to her children,themselves; [5] Recognizing that the police and judiciary were wholly ineffective in treating the matter of the abductions (due to the prevailingcountry condition information, also, on file) in anything but a cosmetic manner, even though the case had reached the highest ofinstances in such circumstances; [6] Recognizing that in addition, to the clear, personal, specific, unequivocal, principal Applicant’s objective evidence on file, thecountry condition evidence demonstrates that the process, prior to and subsequent to the principal Applicant’s abductions, is, nothing, butan attempt in nature, yet, nevertheless, amounting to a whitewash to set aside matters, without any evident substantial treatment for evena modicum of protection, as clearly set in evidence in this specific case of the Applicants; [7] And, upon determining that every branch of the Toth test has been met by the principal Applicant and her children; [8] Recognizing that grave, imminent risk awaits all the Applicants should they be returned to their country of origin due to the principalApplicant’s unresolved existing issues of peril upon return as per the uncontradicted evidence; [9] The Court orders that the stay of removal remain in place until final disposition of the underlying application for judicial review ofthe Pre-Removal Risk Assessment.

ORDER in IMM-4458-21 THIS COURT ORDERS that the stay of removal remain in place until final disposition of the underlying application for judicialreview of the Pre-Removal Risk Assessment. "Michel M.J. Shore" Judge

FEDERAL COURT SOLICITORS OF RECORD DOCKET: IMM-4458-21 STYLE OF CAUSE: EMILIE OWIE ET AL v THE MINISTER OF CITIZENSHIP AND IMMIGRATION PLACE OF HEARING: HELD BY VIDEOCONFERENCE DATE OF HEARING: JULY 29, 2021 ORDER AND REASONS: SHORE J. DATED: JULY 29, 2021 APPEARANCES : Laurence Cohen For The Applicants Madeline Macdonald For The respondent SOLICITORS OF RECORD : Laurence Cohen Barrister and Solicitor Toronto, Ontario For The Applicants Attorney General of Canada Toronto, Ontario For The respondent