[2013] 1 F.C.R. D-1
Citizenship and Immigration
Exclusion and Removal
Inadmissible Persons
Judicial review of decision of Immigration Division (ID) of Immigration and Refugee Board finding applicant inadmissible to Canada under Immigration and Refugee Protection Act, S.C. 2001, c. 27, s. 36(2)(d), for committing offence under Customs Act, R.S.C., 1985 (2nd Supp.), c. 1, s. 159—Applicant living in Canada as temporary resident—Applicant returning to Canada after trip to Martinique arrested at airport by customs officer finding pipe containing cannabis residue in luggage along with small bag containing cannabis seeds—Importation of cannabis prohibited under Controlled Drugs and Substances Act, S.C. 1996, c. 19—Applicant regularly using cannabis for medical reasons—ID holding applicant responsible for materials carried in luggage even though cannabis left in there out of negligence or carelessness—Whether ID’s decision reasonable—Respondent’s interpretation of Customs Act, s. 159, i.e. simply bringing or attempting to bring prohibited good into Canada offence within meaning of provision, not accepted—On plain reading of s. 159, act of smuggling or attempting to smuggle must be fraudulent, whether done clandestinely or not—English version confirms interpretation—Use of word “fraude” in phrasing of s. 159 not inconsequential: Parliament does not speak in vain—Customs Act criminal law statute, so crimes set out in Act have mens rea component—ID therefore erred in interpretation of s. 159 when deciding that even though out of negligence or carelessness applicant travelled to Canada with cannabis in luggage, applicant still liable for materials carried—Application allowed.
Linise v. Canada (Citizenship and Immigration) (IMM-2440-12, 2012 FC 1166, Gagné J., judgment dated October 3, 2012, 16 pp.)