Canada ( Minister of Citizenship and Immigration ) v. Reynolds
IMM-1339-97
Jerome A.C.J.
15/12/97
9 pp.
Application for judicial review of Immigration and Refugee Board (Appeal Division) decision-Respondent permanent resident of Canada-Convicted of two offences under Narcotics Control Act-Filed notice of appeal with Appeal Division from Adjudicator's decision to issue him deportation order-Minister issued opinion under Immigration Act, s. 70(5) respondent "danger to the public"-Appeal Division concluding jurisdiction to determine own jurisdiction under s. 70(5) authorizes it to conduct limited inquiry into constitutional validity of s. 70(5)-S. 70(5) providing person may lose right of appeal-Whether Appeal Division may consider constitutional validity of limiting provision of enabling legislation-Question identical to issue considered in Cooper v. Canada (Human Rights Commission), [1996] 3 S.C.R. 854-Appeal Division's general power to consider questions of law and jurisdiction not empowering it to treat s. 70(5) as unconstitutional and thereby ignore express limitation Parliament has placed on jurisdiction-No principle of law tribunal bound by Parliament's intent with respect to "procedural" aspects of legislation but may disregard intent with respect to "substantive" aspects of legislation-Application granted-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as am. by S.C. 1995, c. 15, s. 13)-Narcotic Control Act, R.S.C., 1985, c. N-1.