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Matt DeHart: Federal Court decision

Matt DeHart: Federal Court decision

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Published by National Post
Matt DeHart: Federal Court decision
Matt DeHart: Federal Court decision

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Published by: National Post on May 29, 2014
Copyright:Traditional Copyright: All rights reserved

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03/01/2015

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Federal
Court
Courfédérale
Date:
20130905
Docket:
IMM-5277-13Citation:
2013
F
936
BETWEEN:
CANADA
 MINISTEROF
PUBLICSAFETYAND
EMERGENCY
PREPAREDNESS
Applicant
andMATI’BEW
PAUL
DEHARTRespondent
REASONS
FORJUDGMENT
IIENEGHAN
 
[1]
TheMinister
of
Public
Safty
and
Emerncy
Preparedness
 the“Applicant”
seeks
jixticial
review
of
the
decision
of
K.
Henrique
of
theImmigration
Division
of
the
Iningration
and
RefigeeBoard
 the
“Board’
dated
August
7,2013.
In
that
decision,the
Board
orderedthat
Matthew
Paul
DeHart
 the
‘Respondent’
be
released
from
detention
on
tenm
and
conditions
pending
the
outcome
ofhis
admissibilityhearing
undersection
44
of
the
Immigration
and
Refugee
Protection
Act,
S.C.
2001,
c.
27 the
“Act’.
 
Page:
2[2]
At
the
request
of
the
parties
a
Judgnnt
was
issued
onSeptember
3 2013
irklicating
thatReasons
would
Ibilow [3]
Akhough
a
Confidentiality
Order
was
issued
by
JusticeZinn
on
August
15
2013 upon
 
hearing
of
a
rrxtion
tostaytherelease
of
the
Respondent that
Order
was
lifted
upon
the
hearing
of
this
application
lbr
judicial
review
Counsel
fbr
both
parties
were
invited
to
tnske
submissions
on
the
point
Although
Counsel
fir
the
Applicant
requested
that
it
remain
in
puce
Counsel
lbr
the
Respondent
eqressed
the
viewthat
 
was
rxt
necessary
Theinterests
of
theRespondentare
nr
persuasivethat
those
of
the
Applicant
and
in
keeping
withthe
generalprinciplethatcourt
proceeding
in
Canada
takeplace
in
public
in
theexercise
of
mydiscretion
the
Confidentiality
Order
was
‘cated
Backgound
[4]
The
Respondent
is
acithen
of
the
United
States
whoentered
Canada
with
his
parents
Paul
arxi
LeeAnnDeHart
on
April
3
2013
AU
three
claimedrefugee
protectionupon
thefr
enttyto
Canada
on
the
basis
that
the
Respondent
had
been
torturedby
authorities
in
the
United
States
aixi
feared
persecution
if
returned
[5]
On
October
6
2010
the
Respondentwas
indicted
in
Tennesseefor
production
and
transportation
of
child
pornography
The
Applicant’s
borne
had
been
searchedand
his
coiuputer
s i
on
January
25 2010
Hewas
stopped
and
detained
on
August
6
2010
by
Anrican
officials
whenhe
 
crossingfrom
 n d
to
theUnited
States
atCalais
Maine He
allegeshe
was
 
Page:
 
drued
subjected
to
psychobgical
tortureandquestionedby
FBI
agents
in
relationtonationalsecurity
matters.
[6]
During
his
detention
the
Respondent
was
digrsed
with
a
psychtic
break
and
has
e
exhibited
signs
of
Post
Traumatic
StressDisorder.
He
chitr
that
this
was
aresult
of
thetorturehe
experienced.
[7]
The
Respondent
wasdetained
in
Maine
mtil
October2010
He
was
ultimately
releasedfrom
custody
in
Tennessee
on
May22
2012
subject
toconditionswith
his
parentspostingas
security
fir
his
releasetwo
autonxblles
thatthey
owned
and
his
grandnxther
posting
equity
in
herhouse
in
Jnchana.
Heremained
onpre trial
release
imtil
AprIl
4
2013
when
he
lle
to
appear
fbr
a
status
conlèrenceanddetentionreview
hearing
related
to
his
case.
A
benchwarrant
issued
lbr
his
arrestafter
the
Respondent
left
theUnited
StatesandenteredCanada.
[8
The
Respondent
alleges
that
hehas
been
 nn±er
of
the
online
hacker
group
Ainyimus
since
 t
wasibunded.
As
a
result
he
was
privyto
what
he
believes
 s
a
leaked
government
document
relatingtothe
nationalsecurity
of
the
United
States.
He
claims
thatthe
chiki
pornography
investigation
 s
acover
lbr
theUnited
States
governmentto
attempt
toretrieve
this
document
fromhimandinvestigate
him
fbrespionage.
This
 s
the
basis
fbr
his
 ar
of
persecution;he
believes
this
was
the
reason
ibr
his
interrogation
andtorture
in
August
2010.

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