Bamlaku v. Canada ( Minister of Citizenship and Immigration )
IMM-846-97
Gibson J.
16/1/98
9 pp.
Judicial review of CRDD decision applicant not Convention refugee-CRDD holding applicant excluded from protection pursuant to Convention, Art. 1(F)(a) i.e. Convention not applicable to any person against whom serious reasons for considering committed crime against humanity-As member of Ethiopian Marine Transport Authority, applicant assigned to security duties at strategic facility comprising port and oil refinery-Informing on individuals who were then detained, "probably" tortured-Whether CRDD erred in failing to evaluate applicant's testimony regarded those informed against as terrorists liable to sabotage port, oil refinery with resultant significant loss of life, injury to innocent civilians-Application dismissed-In Tutu v. Minister of Employment and Immigration (1994), 74 F.T.R. 44 (F.C.T.D.), Joyal J. concluding motivation not relevant consideration-Definitions of "crime against humanity" not importing test of motivation, but in Sumaida v. Canada (Minister of Citizenship and Immigration) (1995), 116 F.T.R. 1 (F.C.T.D.), Simpson J. using "civilian" in definition to import notion of innocence or non-combatant status; concluding Board erred when failed to expressly consider whether targets civilians-CRDD herein not expressly considering whether those informed against were civilians, but applicant's motivation in informing on individuals not driven by humanitarian considerations alone-Applicant admitted part of motivation for informing against individuals because those informed against "enemies" of Ethiopian People's Revolutionary Party, to which secretly belonged-Expressing no remorse, concern with impact flowing from actions-Not indicating weighed torture to which those informed against probably subjected against likelihood of terrorist attack-CRDD having serious reasons for considering applicant within Art. 1(F)(a)-United Nations Convention Relating to the Status of Refugees, July 28, 1951, [1969] Can. T.S. No. 6, Art. 1F(a).