Watt v. Liebelt
IMM-6881-93
Reed J.
21/7/94
5 pp.
Application to set aside adjudicator's decision ordering applicant to leave Canada-Applicant American citizen-Claiming Constitution Act, 1982, s. 35 operates so as to render inoperative provisions of Immigration Act otherwise applicable to him-Essential issue correct interpretation of interaction between Constitution Act, 1982, s. 35 and Immigration Act, ss. 4, 5-Right of individuals belonging to Arrow Lake tribe, of which applicant member, to freely move within traditional territory without regard to Canada-United States border, clearly extinguished before 1982-Aboriginal person neither Canadian citizen nor status Indian under Indian Act not having right to come into or remain in Canada-Issue herein subject of considerable public interest-Serious question of general importance-Right of appeal to Federal Court of Appeal should be available-Application dismissed-Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 35-Immigration Act, R.S.C., 1985, c. I-2, ss. 4 (as am. by R.S.C., 1985 (4th Supp.), c. 28, s. 3), 5.