CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Reul v. Canada (Minister of Citizenship and Immigration)
IMM-326-00
Gibson J.
2/10/00
7 pp.
Judicial review of CRDD determination applicants not Convention refugees--Applicants: husband, wife, three children--All citizens of Mexico--Convention refugee claim based on fear of persecution by reason of religious beliefs--All five Jehovah's Witnesses--Principal applicant's mother also Jehovah's Witness who died after declining to accept blood transfusion--Principal applicant had supported mother's decision--Siblings accusing him of causing mother's death; threatening him, children on three occasions--Police took no action on one occasion when threat reported--CRDD holding fear based on family dispute not bringing situation within ambit of Convention refugee definition--Application allowed--CRDD's reasons not disclosing generalized finding applicants having no subjectively, objectively well-founded fear of persecution on any Convention ground throughout Mexico--In The Law of Refugee Status, Toronto: Butterworths, 1991, Professor James Hathaway writing religion as ground for refugee status having two dimensions: (1) protection of persons in serious jeopardy because adherents of particular religion; (2) because religion includes behaviour flowing from belief, appropriate to recognize as refugees persons at risk for choosing to live convictions--To extent at risk of persecution if required to return to Mexico by reason of principal applicant's choosing to live religious convictions by supporting mother when own religious convictions led her to reject potentially life-saving blood transfusion, applicants established subjectively, objectively well-founded fear of persecution in Mexico on ground of religious belief--Neither counsel put forward authority from either Division of this Court clearly rejecting or affirming interpretation of persecution on ground of religious belief put forward by Professor Hathaway--No basis to conclude CRDD adopted position that in order to fall within Convention refugee definition persecution must emanate from state authorities.