Digests

Massie v. Canada (Minister of Citizenship and Immigration)

IMM-6345-98

Pinard J.

26/5/00

9 pp.

Judicial review of visa officer's refusal of permanent residence--Applicant convicted of criminal contempt of court by Supreme Court of British Columbia for violation of court orders prohibiting blockading of certain logging roads --Sentenced to 21 days in prison, $500 fine--Visa officer rejecting application on grounds applicant within inadmissible class of persons in Immigration Act, s. 19(2)(a) because convicted of offence in Canada and sentenced to a term of imprisonment of less than ten years--S. 19(2)(a), requiring (i) applicant to have been convicted in Canada of indictable offence or offence for which offender may be prosecuted by indictment or for which offender punishable on summary conviction; (ii) offence may be punishable under Act of Parliament by maximum term of imprisonment of less than ten years; (iii) offence not offence designated as contravention under Contraventions Act--First requirement of s. 19(2)(a) met applicant convicted of offence for which offender may be prosecuted by indictment--But visa officer committing error of law with respect to second requirement--Reasoned second requirement satisfied because applicant sentenced to less than ten years in prison--Issue whether criminal contempt offence punishable under any Act of Parliament by maximum term of imprisonment of less than ten years--Power to punish for contempt of court expressly preserved by Criminal Code, s. 9--But nowhere are punishment provisions of Code made to apply to imposition of punishment for contempt--Power to imprison for contempt of court existing at common law: MacMillan Bloedel Ltd. v. Brown (1994), 88 C.C.C. (3d) 148 (B.C.C.A.)--Distinction between non-statutory nature of sentencing for contempt, maximum penalties for similar offences set out in Code: R. v. Cohn (1984), 13 D.L.R. (4th) 680 (Ont. C.A.)--Although custom dictating person convicted of criminal contempt be sentenced to terms of imprisonment of less than five years, and although sentencing provisions in Code may guide judges in determining punishment for criminal contempt, criminal contempt not offence punishable under any Act of Parliament by maximum term of imprisonment of less than ten years--Criminal contempt not offence described in s. 19(2)(a)--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 19(2)(a) (as am. by S.C. 1992, c. 49, s. 11)--Criminal Code, R.S.C., 1985, c. C-46, s. 9 (as am. by R.S.C., 1985 (1st Supp.), c. 27, s. 6; S.C. 1995, c. 22, s. 10).