CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Removal of Permanent Residents |
Gonzalez v. Canada (Minister of Citizenship and Immigration)
IMM-2333-99, IMM-2334-99
Campbell J.
23/5/00
20 pp.
Application for judicial review of Minister's danger opinion--Immigration Act, s. 27 report after applicant convicted of very serious crimes and sentenced to 3 1/2 years--Applicant born in Nicaragua in 1974, came to Canada in 1987 with rest of family--Applicant made detailed submissions regarding forming of danger opinion, and included 7 letters of reference from family--Addressed issue of compassionate and humanitarian considerations arising from fact applicant in Canada since 13 years old, 13 years ago, family designated Convention refugees outside Canada, entire family, including 2 children, resident in Canada, and no family remaining in Nicaragua--Application allowed--Application of Bhagwandass v. Canada (Minister of Citizenship and Immigration), [2000] F.C. 619 (T.D.), wherein Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817 found to govern in respect of impact of danger opinion on individual concerned, content of duty of fairness in light of that impact and applicable standard or review--Williams v. Canada (Minister of Citizenship and Immigration), [1997] F.C. 646 (C.A.) superceded--Danger opinion important decision affecting in fundamental manner future of individual's life--Duty of fairness therefore not simply "minimal"--Applying Justice L'Heureux-Dubé's reasoning in Baker, reasons were required to be provided herein, and failure to do so constituted breach of duty fairness owed to person affected--For purposes of applicant's alternative argument, "Request for Minister's opinion" considered to constitute reasons herein--Applying "reasonableness simpliciter" standard of review (Bhagwandass), danger opinions made in reviewable error as Minister's delegate failed to consider all humanitarian and compassionate factors in reasons--Immigration Act, R.S.C., 1985, c. I-2, s. 27.