ГУЛаг Палестины

przypuszczac, ze jesli zostanie usuniety krzyz papieski z terenu

zwirowiska, za kilka lat zupelnie zaniknie - i tak juz slabiutka

swiadomosc, ze w Oswiecimiu rowniez zgineli Polacy.

[1992] 1 S.C.R.

Canada (Minister of Employment and Immigration) v. Chiarelli

711

The Minister of Employment and Immigration Appellant and Cross-Respondent

v.

Joseph (Giuseppe) Chiarelli Respondent and Cross-Appellant

and

The Security Intelligence Review Committee Intervener

Indexed as: Canada (Minister of Employment and Immigration) v. Chiarelli

File No.: 21920.

1991: October 28; 1992: March 26.

Present: Lamer C.J. and La Forest, L'Heureux-Dubй, Sopinka, Gonthier, Cory, McLachlin, Stevenson and Iacobucci JJ.

ON APPEAL FROM THE FEDERAL COURT OF APPEAL

Immigration -- Deportation -- Permanent resident convicted of serious offence and ordered deported -- Appeal to Immigration Appeal

Board on compassionate grounds barred if Security Intelligence Review Committee finding involvement with organized crime -

Summary provided of Committee's in camera proceedings -- Whether infringement of s. 7 right to liberty and right not to be deprived

thereof except in accordance with principles of fundamental justice -Immigration Act, 1976, S.C. 1976-77, c. 52, ss. 4(2), 19(1)(d)(ii),

27(1)(d)(i), (ii), (3), (4), 32(2), 72(1)(a), (b), 82.1(1), (2)(a), (c), (3), (4), (5), (6)(a), (b), 83(1)(a), (2).

Constitutional law -- Charter of Rights -- Right to liberty and right not to be deprived thereof except in accordance with principles of

fundamental justice -- Deportation of permanent resident convicted of serious crime -- Appeal to Immigration Appeal Board on

compassionate grounds barred if Security Intelligence Review Committee finding involvement with organized crime -- Summary

provided of Committee's in camera proceedings -- Whether infringement of s. 7 right to liberty and right not to be deprived thereof except

in accordance with principles of fundamental justice -- Canadian Charter of Rights and Freedoms, ss. 1, 7.

Constitutional law -- Charter of Rights -- Cruel and unusual punishment or treatment -- Deportation of permanent resident convicted of

serious crime -- Whether infringement of s. 12 right to freedom from cruel and unusual punishment or treatment -- Canadian Charter of

Rights and Freedoms, ss. 1, 12.

Constitutional law -- Charter of Rights -- Equality rights -Deportation of permanent resident convicted of serious crime -- Appeal to

Immigration Appeal Board on compassionate grounds barred if Security Intelligence Review Committee finding involvement with

organized crime -- Whether infringement of s. 15 right to equal benefit before and under the law -- Canadian Charter of Rights and

Freedoms, ss. 1, 15.

Administrative law -- Natural justice -- Fair hearing -- Security Intelligence Review Committee considering whether permanent

resident involved with organized crime -- Part of Committee hearing in camera -- Background material and summary of proceedings

provided -- Finding of involvement with organized crime barring appeal to Immigration Appeal Board on compassionate grounds.

This appeal called into question the constitutionality of the statutory scheme providing for the deportation of a permanent resident on

conviction of a serious criminal offence. The main appeal concerned the removal of a ground of appeal from a deportation order and the

procedure by which that removal is effected. The cross-appeal attacked the general statutory scheme.

Respondent was identified in an immigration report made by an immigration officer in January 1986 pursuant to s. 27 of the

Immigration Act, 1976, as a permanent resident convicted of an offence for which a term of imprisonment of five years or more may be

imposed and therefore a person described in s. 27(1)(d)(ii). An adjudicator, after an inquiry attended by appellant and his counsel, found

respondent to be a person described in that section and ordered him deported. The hearing of respondent's appeal to the Immigration

Appeal Board against the deportation order, brought pursuant to s. 72(1), was adjourned after the Solicitor General and the Minister of

Employment and Immigration made a joint report to the Security Intelligence Review Committee pursuant to s. 82.1(2) indicating

respondent to be a person reasonably likely to engage in organized crime.

The Review Committee conducted the required investigation and held a hearing. Prior to the hearing respondent was provided with

a document giving background information as to the hearing and summaries of information. A summary of the evidence taken in in

camera proceedings of this hearing and provided to respondent indicated that evidence was led that respondent, together with certain

named individuals, was a member of a criminal organization which engaged in extortion and drug related activities and that respondent

personally took part in the extortion and drug related activities of the organization. The information made available to respondent and