Callejas v. Canada ( Minister of Employment and Immigration )
A-48-93
Gibson J.
1/2/94
10 pp.
Application for judicial review of order of Convention Refugee Determination Division (CRDD) applicants not Convention refugees -- Applicants, citizens of Guatemala, claiming well-founded fear of persecution based on political opinion opposed to Guatemalan government and membership in particular social group -- Fearing persecution by Guatemalan guerrillas by reason of family connection to Guatemalan military -- Principal applicant (mother of three other applicants) not unwilling to avail herself of protection of Guatemalan military -- No question regarding military's ability to protect applicants if willing to do so, but little evidence military at all interested in adopting defensive posture in favour of civilian population of Guatemala -- Evidence military much more concerned with indiscriminate aggressive action -- Whether applicants unable to avail themselves of protection of military -- Whether principal applicant's alleged fear of infiltration of police reasonable having regard to conditions in Guatemala as disclosed by all evidence before CRDD -- CRDD's findings of implausibility might be entirely supportable in relatively peaceful, safe society like Canada, but quite unsupportable in chaotic society like Guatemala -- In absence of contradictory evidence, and in absence of general finding against credibility, CRDD erred in law in finding applicant's evidence police infiltrated by guerrillas untrustworthy -- Seeming to defeat purpose of international protection if claimant required to risk life seeking ineffective state protection merely to demonstrate ineffectiveness: Canada (Attorney General) v. Ward, [(1993] 2 S.C.R. 689 -- CRDD decision set aside and referred back for rehearing and redetermination -- Immigration Act, R.S.C. 1985, c. I-2, s. 2 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 1; S.C. 1992, c. 49, s. 1).