CITIZENSHIP AND IMMIGRATION |
Immigration Practice |
A.B. v. Canada (Minister of Citizenship and Immigration)
A-888-97
Evans J.A.
8/1/01
6 pp.
Appeal from Trial Division decision ((1997), 142 F.T.R. 161) granting motion to strike out appellant's statement of claim--Whether Charter, s. 7 imposing obligation on respondent Ministers to finance counsel's preparation of case prior to immigration inquiry when complexity of case requires more preparation time than that funded under provincial legal aid scheme--Appellant, citizen of Ethiopia, granted refugee status in Canada--Allegedly committed war crimes outside Canada, thus possibly member of inadmissible class under Immigration Act, s. 19(1)(f)--Appellant arrested, detained pending inquiry--Counsel granted legal aid certificate under Ontario Legal Aid Plan for unlimited number of hours for attending at inquiry, 16 hours of preparation--Application to Minister for additional funding refused--Motions Judge granting motion to strike appellant's statement of claim--Correct to conclude s. 7 not obliging Minister to provide public funds to pay for additional time counsel needed to prepare adequately for immigration inquiry hearing--Constitutional duty to provide funds for legal representation normally borne by relevant Province--Unwarranted to impose on federal government additional constitutional obligation to provide legal aid when funding already provided under provincial scheme to which federal government has contributed, in part because civil proceedings for which individuals may seek funding brought under federal legislation--Charter, s. 7 not guaranteeing right to state-provided counsel herein--Certified question answered in negative--Appeal dismissed--Immigration Act, R.S.C., 1985, c. I-2, s. 19 (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; idem, c. 49, ss. 11, 122 (c), (d); S.C. 1995, c. 15, s. 2; S.C. 1996, c. 19, s. 83; S.C. 2000, c. 24, s. 55)--Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.