Canada ( Minister of Citizenship and Immigration ) v. Davis
IMM-1810-97 / IMM-1937-96
Pinard J.
4/6/97
7 pp.
Applications for judicial review (1) by applicant Davis, of Minister's delegate wherein Minister, pursuant to Act, s. 70(5), rendered opinion applicant constituting danger to public in Canada, and (2) by Minister, of Immigration Appeal Division's (I.A.D.) decision, based on Athwal v. Canada (Minister of Citizenship and Immigration) (IMM-458-96, Dubé J., 23/1/97), notwithstanding danger opinion, respondent had not lost right of appeal from deportation order, as had not been determined to have been convicted of offence punishable by 10 years or more of imprisonment-Minister's application allowed-Respondent had conceded had been convicted of offences punishable by ten or more years of imprisonment-Case therefore distinguishable from Athwal-Act, s. 70(5) therefore applies, removing respondent's right of appeal to I.A.D.-Consequently, based on Tsang v. Canada (Minister of Citizenship and Immigration), [1997] F.C.J. No. 151 (C.A.), I.A.D. lost jurisdiction over respondent Davis' appeal from deportation order issued against him once Minister issued danger opinion pursuant to Act, s. 70(5)(c)-Davis' application for judicial review of danger opinion dismissed-Canada (Minister of Citizenship and Immigration) v. Williams, [1997] 2 F.C. 136 (C.A.) followed-Implicit in Williams failure to disclose Ministerial Opinion Report to person facing deportation not constituting in itself violation of procedural fairness, provided no significant facts in report not appearing in material already provided to that person-Issuance of ministerial opinion pursuant to Act, s. 70(5) not constituting cruel and unusual punishment within meaning of Charter, s. 12: Chiarelli v. Canada (Minister of Employment and Immigration), [1992] 1 S.C.R. 711-Deportation of permanent resident who has deliberately violated essential condition of permission to remain in Canada by committing criminal offences punishable by imprisonment of 10 years or more cannot be said to outrage standards of decency-Immigration Act, R.S.C., 1985, c. I-2, ss. 70(5) (as enacted by S.C. 1995, c. 15, s. 13).