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Leon Mugesera, accused of helping incite the Rwandan genocide, arrives for his immigration hearing to seek a judicial review and a delay of his expulsion from Canada, Monday, January 16, 2012 in Montreal. Mugesera lost a two-decade battle to stay in Canada and is now set to be deported. Leon Mugesera, accused of helping incite the Rwandan genocide, arrives at Federal Court Monday, Jan. 9, 2012 in Montreal to seek a judicial review and a delay of his expulsion from Canada. (Paul Chiasson / THE CANADIAN PRESS) Leon Mugesera

Judge deciding fate of Rwandan facing deportation

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CTV Montreal: Mugesera delays may end Monday
The federal government is arguing that the Quebec Superior Court does not the right to prevent a Rwandan man's deportation, Stephane Giroux reports.

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Leon Mugesera, accused of helping incite the Rwandan genocide, arrives for his immigration hearing to seek a judicial review and a delay of his expulsion from Canada, Monday, January 16, 2012 in Montreal. Mugesera lost a two-decade battle to stay in Canada and is now set to be deported. Leon Mugesera, accused of helping incite the Rwandan genocide, arrives at Federal Court Monday, Jan. 9, 2012 in Montreal to seek a judicial review and a delay of his expulsion from Canada. (Paul Chiasson / THE CANADIAN PRESS) Leon Mugesera

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Leon Mugesera, accused of helping incite the Rwandan genocide, arrives for his immigration hearing to seek a judicial review and a delay of his expulsion from Canada, Monday, January 16, 2012 in Montreal. Mugesera lost a two-decade battle to stay in Canada and is now set to be deported.

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Date: Fri. Jan. 20 2012 6:25 PM ET

A Quebec Superior Court judge will decide Monday whether a Rwandan man wanted on genocide charges in his homeland will be deported.

After hearing arguments from Leon Mugesera's legal team and federal lawyers Friday, Justice Michel Delorme said he needs to weigh the case over the weekend.

Mugesera has been fighting his deportation to Rwanda where he is wanted on charges of inciting genocide and crimes against humanity.

He and his lawyers have argued he will be tortured if he's forced to return. A UN committee against torture has requested Ottawa to delay the deportation so it can study the allegations, which may take a few months.

That prompted the provincial court to stay the deportation order last week while the legal implications of the UN request could be assessed.

Federal lawyers argued earlier Friday the provincial court didn't have the jurisdiction to rule on immigration cases, but a Montreal judge decided to let the injunction hearing proceed.

Mugesera can be deported if the court rejects the injunction.

The charges in Rwanda stem from an anti-Tutsi speech he gave in 1992, considered an important propaganda tool at the time.

Between 800,000 and one million Rwandans were massacred during a 100-day period in 1994.

Ottawa said it would ignore the UN request but would abide by the court's decision.

Mugesera is being held at a detention centre near Montreal because he's considered a flight risk.

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