Yuen v. Canada ( Minister of Citizenship and Immigration )
IMM-5272-97
Cullen J.
4/2/99
13 pp.
Application for judicial review of decision of Adjudicator, Immigration and Refugee Board, applicant person described in Immigration Act, s. 27(2) who is inadmissible to Canada under Act, s. 19(1)(c.2), 19(2)(a.1)(i)-Applicant citizen of Hong Kong arriving in Canada in 1982-Member of 14K Triad gang in Hong Kong as teenager-Convicted of theft in Hong Kong in 1979-Arrested by Metro Toronto Police in September 1988, charged with several drug offences-Ordered deported from Canada in September 1997 under Act, s. 32(2)-S. 19(1)(c.2) precluding admission to Canada for those who are or were members of organization that on reasonable grounds is or was engaged in criminal activity, planned, organized and for purpose of commission of offences under Criminal Code, Controlled Drugs and Substances Act-Adjudicator right in determining s. 19(1)(c.2) not violating Charter, s. 2(d)-Act, s. 19(1)(c.2) limits alien's opportunity to come into, remain in Canada as result of membership in organization involved in pattern of illegal activity-Charter, s. 2(d) not engaged as right conferred by it not extending beyond boundaries of Canada to protect right of foreign national to be member of foreign criminal organization-Even if s. 2(d) engaged, restriction on right to freedom of association in s. 19(1)(c.2) reasonable limit prescribed by law which can be demonstrably justified in free, democratic society-Words "are or were" in s. 19(1)(c.2) should not be given mutually-exclusive meaning-Applicant's contention s. 19(1)(c.2) criminalizes membership in criminal organization untenable-Purpose not to criminalize membership but to preclude from admission to Canada those unable to satisfy Minister admission would not be detrimental to national interest-Adjudicator right in finding applicant person described in s. 19(1)(c.2)-Adjudicator also right in determining essential elements of offence of theft in Criminal Code correspond to those in Hong Kong statute-Procedure outlined in Steward v. Canada (Minister of Employment and Immigration), [1988] 3 F.C. 487 (C.A.) in so doing followed-Definition of "dishonesty" in Hong Kong statute making provision for "without colour of right" element included in Canadian statute-Application dismissed-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1) (as am. by R.S.C., 1985 (3rd Supp.), c. 30, s. 3; S.C. 1992, c. 47, s. 77; c. 49, s. 11; 1995, c. 15, s. 2; 1996, c. 19, s. 83), (2) (as am. idem), 27(2), 32(2)-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. 2(d)-Criminal Code, R.S.C., 1985, c. C-46-Controlled Drugs and Substances Act, S.C. 1996, c. 19.