Canada ( Minister of Citizenship and Immigration ) v. Sinnathurai
IMM-1111-97
Noël J.
11/3/98
8 pp.
Application for judicial review of decision of Immigration and Refugee Board granting respondent refugee status-Respondent ethnic Tamil, citizen of Sri Lanka-Following raid by Sri Lankan military, respondent shot in leg, arrested-Interrogated regarding family's political activities-Beaten severely over course of interrogation-In January 1987, respondent became permanent resident of Canada-Convicted on four counts relating to possession, trafficking of narcotics-As result of conviction, respondent sentenced to 13 years imprisonment-Board's prevailing member finding Convention, Art. 1F(c) did not invalidate respondent's Convention refugee claim-Recognized that, based on case law, narcotics offences constitute acts "contrary to purposes and principles of United Nations"-However, decided to "balance" exclusionary factor in Art. 1F(c) against factors favouring respondent's inclusion as Convention refugee-No decisions supporting type of balancing upon which prevailing member embarked herein-Not open to her to grant applicant refugee status having regard to invocation of exclusion clause by Minister-Application allowed-Questions certified: (1) whether prevailing member entitled to "balance" exclusionary factor stated in Convention, Art. 1F(c) having regard to risk of torture awaiting him in city of origin; (2) whether trafficking in narcotics contrary to purposes and principles of UN under Convention, Art. 1F(c)-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(c).