Canada ( Minister of Citizenship and Immigration ) v. Singh
DES-1-98
Rothstein J.
11/8/98
21 pp.
Whether certificate filed by Minister of Citizenship and Immigration, Solicitor General of Canada under Immigration Act, s. 40.1(4)(d) in relation to respondent reasonable-Ministers of opinion respondent person described in Act, ss. 19(1)(e)(ii), (iv)(B), (C), (f)(ii), (iii)(B) -In s. 40.1 proceedings, determinations involving s. 19(1)(e), (f) requiring proof of existence of "reasonable grounds to believe certain facts" as opposed to existence of facts themselves-Standard of proof on balance of probabilities-Each of grounds must be read disjunctively-If any one of them proven, certificate must be determined to be reasonable-Organizations in question Babbar Khalsa (BK), Babbar Khalsa International (BKI)-BK involved in activism against Indian government in relation to matters involving state of Punjab-Most religious of all Sikh guerilla groups-On balance of probabilities, Court finding reasonable grounds to believe BK, BKI engaged in terrorism-Respondent baptised, observed five signs of Sikhism-Arrested in March of 1988, peridiocally thereafter-Respondent organizing secretary of All India Sikh Student Federation in Jammu-Believed Indian government trying to "kill" religion-Arrested, tortured by Indian police-Respondent's evidence incongruous, not credible-Had much closer association with BK, BKI than professed-Evidence to contrary not credible-Respondent's close association with BK, BKI consistent with contents of security intelligence report-Respondent taking narrow view of membership-Minister taking broad view-Based on context of provisions dealing with subversion, terrorism, term "member" to be interpreted broadly-Context in immigration legislation public safety, national security, most serious concerns of government-Terrorist organizations not issuing membership cards-Members not easily identifiable-Parliament intended term "member" to be given unrestricted, broad interpretation-Person member even after organization stopped engaging in terrorism-Reasonable grounds to believe respondent member of BK, BKI, person described in Act, s. 19(1)(f)(iii)(B)-Certificate filed by Minister reasonable-Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(e)(ii), (e)(iv)(B),(C), (1)(f)(ii), (iii)(B), 40.1(4)(d) (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4; S.C. 1992, c. 49, s. 31).