Masasi v. Canada ( Minister of Citizenship and Immigration )
IMM-1856-97
Cullen J.
23/10/97
8 pp.
Application for judicial review of Adjudicator's decision applicant inadmissible to Canada under Immigration Act, s. 19(1)(c.1)(i)-Applicant ordered deported from Canada under Act, s. 32(6)-Applicant, citizen of Tanzania, attended Winona State University in U.S.A.-Involved in bar-room fight with another person from university-Subsequently arrested, charged with "assault in second degree" under Minnesota Criminal Code-Came to Canada from United States in February 1996-Adjudicator held equivalent Canadian offence Criminal Code, s. 267(b)-Determined applicant member of inadmissible class-Whether adjudicator correctly applied test of equivalency-Impugned Immigration Act provision requiring adjudicator to investigate criminal laws of both foreign state, Canada to determine whether equivalent offence under Canadian law-Match of essential elements required to find equivalent offence-Applicant's Minnesota offence deemed to be misdemeanour-Adjudicator failing to address definition of "bodily harm" in Canadian, Minnesota law in order to establish equivalency-Refused to exercise jurisdiction, committed serious error of law-Adjudicator ought to have looked at what "bodily harm" meant according to laws of Minnesota, Canada-Mere comparison of words of two provisions, without examining legal content of words, insufficient in determining equivalency in context of Act, s. 19(1)(c.1)(i)-Application allowed-Criminal Code, R.S.C., 1985, c. C-46, s. 267(b) (as am. by S.C. 1994, c. 44, s. 17)-Immigration Act, R.S.C., 1985, c. I-2, ss. 19 (1)(c.1)(i) (as enacted by S.C. 1992, c. 49, s. 11), 32(6) (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 11).