Ward v. Canada ( Minister of Citizenship and Immigration )
IMM-504-96
Heald D.J.
19/12/96
12 pp.
Application for judicial review of deportation order made against applicant-Applicant citizen of United Kingdom, Ireland-Member of Irish National Liberation Army (INLA)-Helped hostage escape-Detained, tortured, sentenced to death by "kangaroo court" of INLA-Charged by police with false imprisonment-Pleaded guilty, sentenced to three years' imprisonment-Claim for Convention refugee status rejected-Applicant found by Adjudicator to be member of inadmissible class under Immigration Act, s. 27(2)(a)-Adjudicator satisfied common law offence of "false imprisonment" equivalent to Canadian offence of "forcible confinement" in Criminal Code, s. 279(2)-Whether reasonable grounds to believe, based on facts, applicant's admissions at trial, that foreign conviction equivalent to one in Canadian law-Test to be applied in determining equivalency set out in Brannson v. Minister of Employment and Immigration, [1981] 2 F.C. 141-Applicant wilfully participated in detention of hostages without lawful authority-Pleaded guilty and admitted elements of offence, including actus reus, mens rea-Adjudicator right in finding evidence sufficient to establish essential ingredients of offence in Canada proved in foreign proceedings-Also right in finding reasonable grounds to believe, based on evidence before her, foreign conviction equivalent to one in Canadian law-In 1983, 1984, time of applicant's conviction, offence of forcible confinement defined in Criminal Code, s. 247(2), providing for imprisonment of five years-At date of deportation order, offence providing for term of imprisonment not exceeding ten years-In Robertson v. Minister of Employment and Immigration, [1979] 1 F.C. 197 (C.A.), Court held date of deportation order determines which enactment of Criminal Code relevant for purposes of Immigration Act, s. 19(1)(c)-No reason to distinguish principle enunciated in Robertson from factual situation at bar-Adjudicator right in considering punishment for offence as of date of deportation order-Applicant's argument events giving rise to conviction in Ireland for false imprisonment may be classified as political in nature, not common law offence, untenable-Applicant may have been motivated to act for political reasons, nonetheless had intention to take hostages-Adjudicator right in finding no reason to conclude applicant's offence should be considered political crime-In Chiarelli v. Canada (Minister of Employment and Immigration), [1992] 1 S.C.R. 711, Supreme Court held deportation not per se unconstitutional, not amounting to cruel and unusual punishment-Substantive difference between making of deportation order by adjudicator and actual execution of order-Making of deportation order not violating applicant's Charter rights-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(c), 27(2)(a)-Criminal Code, R.S.C. 1970, c. C-34, s. 247(2)-Criminal Code, R.S.C., 1985, c. C-46, s. 279(2).