Freedoms?
Answer:Assuming without deciding that s. 7 applies, the answer is no.
(b) If the sections referred to above do infringe or deny the rights guaranteed by s. 7 of the Charter, are they justified by s. 1 of the
Charter?
Answer:This question does not have to be answered.
2 (a) Does reliance upon the certificate authorized by s. 83 of the Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by
S.C. 1984, c. 21, s. 84 (now s. 82 of the Immigration Act, R.S.C., 1985, c. I-2) filed in the respondent's case result in an infringement of
his rights pursuant to s. 7 of the Charter, because the process followed by the Security Intelligence Review Committee did not meet the
requirements of s. 7?
Answer: Assuming without deciding that s. 7 applies, the answer is no.
(b) If reliance upon the certificate does infringe or deny the rights guaranteed by s. 7 of the Charter, is it justified by s. 1 of the Charter?
Answer:This question does not have to be answered.
Cross-Appeal
1 (a) Do s. 27(1)(d)(ii) and s. 32(2) of the Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by S.C. 1984, c. 21, s. 84 (now
s. 27(1)(d)(ii) and s. 32(2) of the Immigration Act, R.S.C., 1985, c. I-2) infringe or deny the rights guaranteed by ss. 7, 12 and 15 of the
Canadian Charter of Rights and Freedoms in that they require the deportation of persons convicted of an offence carrying a maximum
punishment of five years or more, without reference to the circumstances of the offence or the offender?
Answer:With respect to s. 15, the answer is no. Assuming, without deciding, that either s. 7 or s. 12 apply, the answer is no.
(b) If the paragraph and subsection referred to above do infringe or deny the rights guaranteed by ss. 7, 12 and 15 of the Charter, are
they justified by s. 1 of the Charter?
Answer:This question does not have to be answered.
Appeal allowed and cross-appeal dismissed. With respect to the main appeal, assuming without deciding that s. 7 is applicable,
ss. 82.1 and 83 of the Immigration Act, 1976, do not infringe or deny the rights guaranteed by s. 7 of the Canadian Charter of Rights and
Freedoms and reliance upon the certificate authorized by s. 83 of the Immigration Act, 1976, did not result in an infringement of s. 7
having regard to the process followed by the Security Intelligence Review Committee. With respect to the cross-appeal, the requirement
that persons convicted of an offence carrying a maximum punishment of five years or more be deported, without reference to the
circumstances of the offence or the offender, does not offend s. 15, or ss. 7 or 12 assuming without deciding that these sections applied.
Solicitor for the appellant: John C. Tait, Ottawa.
Solicitor for the respondent: Irwin Koziebrocki, Toronto.
Solicitors for the intervener: Noлl, Berthiaume, Aubry, Hull.
The official versions of decisions and reasons for decision by the Supreme
Court of Canada are published in the Supreme Court Reports (S.C.R.). This site is
prepared and published by LexUM in partnership with Supreme Court of Canada.
IMMIGRATION AND REFUGEE PROTECTION ACT
INTRODUCED
OTTAWA, February 21, 2001 -- Elinor Caplan, Minister of Citizenship and
Immigration, today tabled the Immigration and Refugee Protection Act in the House
of Commons, reaffirming her commitment to be tough on criminals while
strengthening efforts to attract skilled immigrants.
The new bill incorporates a number of recent proposals from Canadians, yet
maintains the core principles and provisions of Bill C-31, the immigration legislation
introduced prior to last fall's general election.
The Minister said the legislation reintroduces severe penalties -fines of up to
$1 million and life in prison -- for people smugglers and traffickers, speeds up
family reunification, and maintains Canada's humanitarian tradition of providing safe
haven to people in need of protection.
"By saying 'No' more quickly to people who would abuse our rules, we are able to
say 'Yes' more often to the immigrants and refugees Canada will need to grow and
prosper in the years ahead," said Minister Caplan.
The bill reintroduces key measures to strengthen the integrity of the refugee
determination system. These include front-end security screening for all claimants,
clearer grounds for detention, fewer appeals and opportunities for judicial review to
delay the removal of serious criminals, and suspension of refugee claims for people
charged with serious crimes until the courts have rendered a decision.
The legislation reaffirms the commitment to faster but fair decisions on refugee
claims by consolidating several current steps and criteria into a single protection
decision to be made by the Immigration and Refugee Board, and by combining the
increased use of single-member panels with an internal paper appeal before the
Board.
In addition, the new bill reintroduces a number of key provisions designed to
expand the admission of workers with the skills that are most acutely needed in
Canada.
The key changes that have emerged from discussions of Bill C-31 and that were
introduced today include:
The inclusion of the definition of permanent resident in the Act;
Provisions within the bill that reinforce the government's commitment to
gender equality and clarify that parents are members of the family class;
An oral appeal hearing for people facing a loss of permanent resident status
for failure to maintain residency;
Improved safeguards for people in need of protection:
unsuccessful repeat refugee claimants will be eligible for a
pre-removal risk assessment (PRRA) if they return to Canada after
six months (as opposed to one year);
discretion for oral PRRA in exceptional circumstances;
protected people whose identities have been established will be
eligible to apply for Canadian refugee travel documents;
The requirement of a warrant to arrest refugees and permanent residents for
any immigration matter.
The principle that children will be detained only as a last resort.
The Minister promised supporting regulations over the coming months, which will
include a strengthened overseas refugee resettlement program, an expanded family
class, new selection criteria to attract more highly skilled and adaptable
independent immigrants, and the creation of an "in-Canada" landing class for
temporary workers, foreign students and spouses already established in Canada
and wishing to stay.
The expanded family class will increase the age at which a dependent child can be
sponsored from under 19 to under 22 and allow spouses and children to apply for
permanent residence from within Canada. The Minister also expressed willingness
to pursue discussions with the provinces over additional ways to expand the family
class.
The new legislation will replace the current Immigration Act, which was first passed
in 1976 and which has been amended more than 30 times. Work on the new
legislation began in 1997 and has evolved through extensive consultations with the
provinces, the territories, the legal community, non-governmental organizations and
the general public.
- 30
For Information:
Derik Hodgson
Press Secretary
Minister's Office
(613) 954-1064
Renй Mercier
Media Relations
Communications Branch
(613) 941-7042
Backgrounder # 1
Changes from Bill C-31
In response to Bill C-31, the government received submissions from the Canadian
Bar Association, the United Nations High Commissioner for Refugees, the
Canadian Council for Refugees and many others. The Minister has listened and
responded.
Framework Legislation
What we heard:
The government should ensure that all key principles and core policies are
reflected in the Act and not in the regulations. The regulations should be
limited to matters related to the implementation of policy.
Our response:
1.The new bill places greater emphasis on key principles, including:
The principles of equality and freedom from discrimination.
The principle that minor children should be detained only as a last
resort.
The principle of equality of status for both official languages.
2.The new bill also includes the following provisions previously intended to be
prescribed by regulation:
The provision that parents are members of the family class.
The provision that sponsored spouses, partners and dependent
children of immigrants and refugees and their dependents will not be
refused admission to Canada on the grounds that they would create
an excessive demand on the medical system.
3.The new bill also reinforces the government's commitment to gender
equality and provisions for opposite- and same-sex couples.
Provisions Affecting Permanent Residents
What we heard:
Permanent residents should have a separate, defined status that clearly
specifies their rights and obligations, including the right to enter Canada.
Loss of status determinations should be made only through an oral appeal
to the Immigration and Refugee Board (IRB).
Our response:
The new bill enhances the rights of permanent residents by:
Including a separate definition for permanent residents that highlights the
distinction between permanent residents and other foreign nationals.
Ensuring the right to an oral hearing before the IRB in the case of appeals
on the loss of permanent resident status.
Ensuring facilitated entry for permanent residents without a valid permanent
resident card if they have been outside Canada for less than one year.
Setting a higher threshold for examinations for permanent residents than for
other foreign nationals.
Requiring a warrant to arrest a permanent resident for any immigration
matter.
Access to the Refugee Determination System
What we heard:
Access to the refugee determination system is too restrictive and would
deny access to people convicted of politically trumped-up charges. Others
who are excluded from the IRB procedures may be denied access to a fair
risk assessment upon return to their country of origin.
Our response:
The possibility of politically trumped-up charges will be considered by the
IRB, except in cases where the Minister finds the person to be a danger to
the public.