Summary

35688

J.P., et al. v. Minister of Public Safety and Emergency Preparedness

(Federal Court) (Civil) (By Leave)

(Publication ban in case) (Certain information not available to the public)

Keywords

Canadian charter (Non-criminal) - Right to life, liberty and security of person, Immigration, Inadmissibility and removal.

Summary

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Charter of Rights and Freedoms - Right to life, liberty and security of the person - Immigration law - Inadmissibility and removal - Inadmissibility under s. 37(1)(b) of the Immigration and Refugee Protection Act, S.C. 2001, c. 27 (“IRPA”), on grounds of organized criminality for engaging, in the context of transnational crime, in activities such as people smuggling - What is the standard of review in respect of the Immigration Division of the Immigration and Refugee Protection Board’s interpretation of the scope of s. 37(1)(b)? - What is the scope of s. 37(1)(b)? - Is s. 7 of the Charter engaged in the inadmissibility process before the Board?

J.P. and his wife G.J., Tamils from Sri Lanka, are two of the 492 Sri Lankan nationals who arrived in Canada in 2010 aboard the MV Sun Sea, seeking to make refugee protection claims. After the Thai crew abandoned the ship, J.P. was one of 12 passengers on board who operated the ship to complete the voyage. J.P. stood on lookout, read GPS and radar, and acted as an assistant navigator during the voyage. J.P. and G.J. lived in crew quarters, and thus benefited from more humane conditions on the ship than other travelers.

Upon arrival in Canada, they were detained by the Canada Border Services Agency. The Minister issued reports under s. 44(1) of the IRPA alleging that J.P. was inadmissible to Canada under s. 37(1)(b) of the IRPA, and that G.J. was inadmissible as an accompanying family member.