Canada ( Minister of Citizenship and Immigration ) v. Legault
A-47-95
MacGuigan J.A.
1/10/97
6 pp.
Motions Judge quashing adjudicator's decision to issue conditional deportation order based on U.S. grand jury indictment and warrant for arrest-Motions Judge holding indictment not evidence in criminal proceedings-Certified question: whether adjudicator erred in finding, on basis of warrant for arrest, indictment from United States, reasonable grounds to believe respondent committing outside Canada certain acts or omissions which constituted offences under laws of United States-Answer: no-Motions Judge mistaken in proceeding on basis of criminal law analogy-Immigration Act, s. 80.1(5) providing adjudicator not bound by legal, technical rules of evidence-Motions Judge also concluding adjudicator erred in relying on allegations made in indictment, by failing to make independent determination on basis of evidence adduced before him-Failing to take account of adjudicator's own description of what doing-Adjudicator stating indictment, warrant identify in detail infractions, provide detailed description of procedure followed for commission of different infractions-Considered such evidence credible-Within adjudicator's discretion to weigh evidence-Immigration Act, R.S.C., 1985, c. I-2, s. 80.1(5) (as enacted by S.C. 1992, c. 49, s. 70).