Noppers v. Canada ( Minister of Citizenship and Immigration )
IMM-682-96
MacKay J.
9/9/97
14 pp.
Application for judicial review of Minister's opinion under Immigration Act, s. 70(5) applicant constitutes danger to public in Canada-Applicant admitted to Canada with parents, four siblings-Remained permanent resident of Canada without becoming citizen-In August 1992, applicant convicted of two counts of sexual exploitation, one count of sexual interference contrary to Criminal Code, ss. 153(1)(a), 151-As result of criminal convictions, order issued applicant be deported from Canada-On July 10, 1995, Bill C-44 came into force adding s. 70(5) to Immigration Act-Permanent resident who, in opinion of Minister, constitutes danger to public in Canada shall not appeal to Appeal Division of Immigration and Refugee Board in relation to deportation order issued against him-Applicant's hearing before Appeal Division had not commenced when s. 70(5) came into force, but began 5 months later-Because hearing of applicant's appeal had not commenced prior to July 10, 1995, when s. 70(5) came into force, Minister entitled to issue opinion on January 10, 1996-Once danger opinion rendered, Appeal Division relieved of jurisdiction to dispose of appeal-As stated by Strayer J.A. in Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.), once Minister gives notice of decision under s. 70(5), discretion of Appeal Division supplanted, replaced by discretion of Minister-Minister entitled to issue opinion regarding applicant under s. 70(5), committed no reviewable error of law-Court rejecting applicant's argument that by failing to provide reasons, Minister failed to exercise discretion in proper manner, contrary to principles of natural justice-No basis in evidence to suggest Minister's decision, in exercise of discretion, patently perverse, exceeded jurisdiction, made in bad faith-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1995, c. 15, s. 13)-Criminal Code, R.S.C., 1985, c. C-46, ss. 151, 153.