Case information

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Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The Appellant is a permanent resident of Canada, who has been convicted of five criminal offences in Canada since 1990. Most recently, in January of 2001, after a plea of guilty, he was sentenced to four years in prison for trafficking in cocaine. As a result of those proceedings, pursuant to ss. 27(1)(d) and 27(3) of the Immigration Act, R.S.C. 1985, c. I-2 9 (the “former Act”) the Appellant was reported for inquiry then directed to inquiry, following which a delegate of the Minister of Citizenship and Immigration formed the opinion that the Appellant was a danger to Canada. The Appellant commenced judicial review proceedings with respect to that decision.

On January 16, 2002, the Appellant was ordered by the adjudicator to be deported. The Appellant provided a notice of appeal of the removal order at the end of the hearing as required, which was accepted by the Immigration Appeal Division (“IAD”) on a without prejudice basis in view of the existence of the danger opinion. Paragraph 70(5)(c) of the former Act precluded an appeal to the IAD by a person described in s. 27(1)(d) where the person was the subject of a danger opinion.

On June 28, 2002, the Immigration and Refugee Protection Act (“IRPA”), S.C. 2001, c. 27 was passed. On August 23, 2002, the Appellant’s application for judicial review of the danger opinion was allowed on consent of the Respondent. On August 26, 2002, the IAD advised the Appellant that his appeal of the deportation order was discontinued as a result of the existence of the danger opinion issued pursuant to s. 70(5) of the former Act and application of s. 64(1) of the IRPA. The IAD appears to have resiled from that position upon being advised that the danger opinion had been quashed by the Court before the decision of the IAD. On August 30, 2002, a hearings officer at Citizenship and Immigration Canada wrote to the Registrar of the IAD, advising of the four year sentence imposed on the Appellant, requesting that the appeal be discontinued pursuant to ss. 64 and 196 of the IRPA. On September 6, 2002, the Registrar, without having received submissions from the Appellant, wrote to him advising that the appeal had been discontinued as a result of the application of ss. 64 and 196. The Appellant sought judicial review of that decision. The judicial review judge allowed the application, setting aside the decision of the Registrar of the IAD. The Federal Court of Appeal overturned that judgment and restored the decision of the Registrar.