Lindo v. Canada ( Minister of Citizenship and Immigration )
IMM-2621-96
McKeown J.
29/8/96
7 pp.
Application for order staying execution of deportation order pending determination of application to review Minister's decision applicant danger to public (convicted of child abuse) pursuant to Immigration Act, s. 70(5)-Judicial review application based on allegation Act, s. 70(5), in circumstances of case, in violation of Charter, s. 7-Applicant willing to enter program of Special Committee on Child Abuse-Application dismissed-No breach of fundamental justice-Charter, s. 7 not engaged with respect to deportation order in and of itself: Nguyen v. Canada (Minister of Employment and Immigration), [1993] 1 F.C. 696 (C.A.) binding herein-Procedure in place for Minister to form opinion individual danger to public not involving arbitrary exercise of discretion but in accordance with principles of fundamental justice-No obligation on Minister to provide reasons for opinion-S. 70(5) not void for vagueness-Standard applicable herein not criminal-Therefore, no serious issue to be tried-No irreparable harm as respondent owing no duty to applicant-Balance of convenience favouring respondent as seeking to protect Canadian public-Immigration Act, R.S.C., 1985, c. I-2, s. 70(5) (as enacted by S.C. 1995, c. 15, s. 13)-Canadian Charter of Rights and Freedoms, being Part I of the Constitution Act, 1982, Schedule B, Canada Act 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.