Citizenship and Immigration
Status in Canada
Permanent Residents
Sponsorship applications—Judicial review of decision of Immigration Appeal Division of Immigration and Refugee Board determining respondent eligible to sponsor wife despite conviction in India of culpable homicide after killing sister-in-law—Immigration and Refugee Protection Regulations SOR/2002-227, s. 133(1)(e)(ii) denying right of sponsorship to Canadian citizens who have committed offences involving bodily harm against certain enumerated victims—Respondent, Canadian citizen, filing sponsorship application for new wife under Family Class category—Board holding sister-in-law not within narrow definition of victims of offences causing bodily harm in s. 133(1)(e)(ii)(A)—Board not misinterpreting Regulations, s. 133(1)(e)(ii)(A)—Even though using “including”, potentially non-exhaustive term, s. 133(1)(e)(ii)(A) must be read in entirety—In Regulations, ss. 2, 1(3) words “relative” “family member” defined as specifically excluding “sister-in-law”—Definitions limited by use of word “means”—Board may not have consulted Regulatory Impact Assessment Statement on Regulations, but still considered legislative intent of s. 133—Even considered respondent, at first glance, should have been barred from sponsoring wife by Regulations—Application dismissed.
Canada (Minister of Citizenship and Immigration) v. Brar (IMM-289-08, 2008 FC 1285, Beaudry J., judgment dated November 18, 2008, 15 pp.)