Sam v. Canada ( Minister of Citizenship and Immigration )
IMM-3163-96
Reed J.
28/11/97
14 pp.
Judicial review of Minister's decision applicant danger to public-Of six documents on file, newspaper article from Winnipeg Free Press should be ignored as highly prejudicial to applicant since allegedly recounting event from victim's point of view-Such articles possibly unreliable-S. 27(1) highlights report, judge's comments on sentencing, only documents relating to present, future danger-Highlights report describing offences-Offences brutal, violent-One offence with which applicant charged, but of which acquitted (threatening victim with firearm), included in report as conviction-Error continuing through into s. 70(5) ministerial opinion report, request for minister's opinion-Judge's comments on sentencing indicating offences planned, deliberate, motivated largely by greed-Judge also stating accused young person of 25 with no previous criminal record, and nothing in background indicating any propensity to living life of crime-Noting applicant showing no remorse, maintaining innocence notwithstanding jury's findings-Concluding applicant man of intelligence, incarceration imposed expected to be stern lesson-These comments not material to support conclusion applicant, at end of incarceration will be danger to society-Only factors supporting that conclusion (1) crimes of which applicant convicted (assault, forcible confinement, living off the avails, possession of weapon, uttering threats) involving violence, brutality; (2) lack of remorse; (3) continuing to maintain innocence-Evidence insufficient to support finding of present, future danger-Also, s. 70(5) opinion, request reports relied upon evidence not put to applicant and upon which had no opportunity to comment-Reports prepared in biased way, prejudicial to applicant-Writers of opinion, request reports, questioning whether applicant's, mother's applications for landing genuine based on speculation applicant's mother not really daughter of person who sponsored her-Such speculation arising out of fact sponsor writing letter of support on behalf of applicant, without saying she was his grandmother-Applicant neither aware of speculation, nor having opportunity to respond thereto-Applicant also not given opportunity to respond to statement in opinion report victim had to relocate out of fear-Prior to Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.), in absence of reasons, flaws in summary reports grounds for setting decision aside-Since Williams, some decisions of this Court holding decision should not be set aside even if flaws in one or other report, providing some evidence on file to support Minister's delegate's conclusion-Ngo v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 854 (T.D.) (QL) indicating erroneous report by Minister's official materially mischaracterizing evidence grounds for setting aside Minister's delegate's decision-Officials entitled to choose documents relied upon, to interpret, summarize evidence provided reports substantially correct-Alternate way of approaching analysis i.e. in order to find mischaracterization, or that report substantially incorrect, must find decision made by Minister's delegate not supported by evidence-Reports prepared to limit degree to which necessary for respondent's delegate to review in detail totality of material presented-Cumulative effect of difficulties herein requiring decision be set aside-Immigration Act, R.S.C., 1985, s. 70(5) (as enacted by S.C. 1995, c. 15, s. 13).