The applicant makes application for:
(1) A declaration that the Applicant by virtue of his Canadian citizenship and s.6(1) of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS has a constitutional right to enter Canada and that the Respondent Solicitor General of Canada has no right to deny or refuse such entry;
(2) A declaration that the Respondent Minister is obliged and is under a legal duty to approve the Applicant being a Canadian Citizen and in compliance with TRANSFER OF OFFENDER REGULATION 4(a);
(3) A declaration that TRANSFER OF OFFENDER REGULATIONS 4(b) - (f) are unconstitutional as being inconsistent with s.6(1) of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS and as such are of no force or effect by virtue of s.52 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS;
(4) A declaration that the constitutional rights of the Applicant, pursuant to s.6 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS have been violated by the Respondent Minister since approximately _______________when the United States of America approved his transfer back to Canada and that therefore the Applicant is entitled to an appropriate and just remedy pursuant to s.24(1) of the CHARTER including, an Order for his immediate transfer back to Canada pursuant to the terms of the TRANSFER OF OFFENDERS ACT and the applicable Treaty or Convention between Canada and the United States of America;
(5) A declaration that the Respondent Minister has failed to comply with s.7 of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS and the common law duty to act fairly in the processing of the Applicant's application for transfer back to Canada by failing to provide him with the "case against" him so as to give him a fair opportunity to respond;
(6) An Order pursuant to s.24(1) of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS compelling full disclosure of all information, studies and other materials considered by the Respondent in the consideration of his Applications including any denials and the basis for such;
(7) An Order for the reimbursement to the Applicant of all costs and expenses and legal fees incurred in pursuing his Constitutional Rights;
(8) An Order for special costs incurred in pursuing his Constitutional Rights since approval of the United States of America was given to his Application in 19___.
The grounds for the application are:
1. That the Applicant is a Canadian citizen and as such has a right to enter, remain in and leave Canada pursuant to s.6(1) of the CANADIAN CHARTER OF RIGHTS AND FREEDOMS and that the provisions of s.6(1) of the TRANSFER OF OFFENDERS ACT and Regulation 4(b) - (f) of the TRANSFER OF OFFENDERS REGULATIONS that purport to give the Respondent Minister a discretion to refuse or deny a Canadian citizen the right to enter and remain in Canada
