ГУЛаг Палестины

Department, ex parte Hosenball, [1977] 3 All E.R. 452; R. v. Scott, [1990] 3 S.C.R. 979; Ross v. Kent Inst. (1987), 57 C.R. (3d) 79.

Statutes and Regulations Cited

Canadian Charter of Rights and Freedoms, ss. 1, 6(1), (2)(a), (b), 7, 12, 15(1).

Canadian Security Intelligence Service Act, S.C. 1984, c. 21, ss. 43, 44, 48(2), 48. to 51.

Criminal Code, R.S.C. 1970, c. C-34, ss. 331(1)(a).

Federal Court Act, R.S.C. 1970 (2nd Supp.), c. 10, s. 28(4).

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) [am. S.C. 1984, c. 21, s. 81],

82.1(1), (2)(a), (c), (3), (4), (5), (6)(a), (b) [am. S.C. 1984, c. 21, s. 84], 83(1)(a), (2) [am. S.C. 1984, c. 21, s. 84].

Narcotic Control Act, R.S.C. 1970, c. N-1, s. 4(2).

Security Intelligence Review Committee Rules, ss. 48(1), (2), (3), (4), 45 to 51.

Authors Cited

Canada. Department of Employment and Immigration. White Paper on Immigration. Ottawa: Queen's Printer, 1966.

Concise Oxford Dictionary. Oxford: Oxford University Press, 1990.

Petit Robert 1. Par Paul Robert. Paris: Le Robert, 1990.

APPEAL from a judgment of the Federal Court of Appeal, [1990] 2 F.C. 299, 67 D.L.R. (4th) 697, 107 N.R. 107, 1 C.R.R. (2d) 230,

10 Imm. L.R. (2d) 137, 42 Admin. L.R. 189. 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.

David Sgayias, Q.C., and Gerry N. Sparrow, for the appellant.

Irwin Koziebrocki and David Schermbrucker, for the respondent.

Simon Noлl and Sylvie Roussel, for the intervener.

The judgment of the Court was delivered by

//Sopinka J.//

SOPINKA J. -- This appeal calls into question the constitutionality of the statutory scheme pursuant to which a permanent resident can

be deported from Canada if, upon the report of an immigration officer and following an inquiry, he is found to have been convicted of an

offence for which a term of imprisonment of five years or more may be imposed. The scheme is attacked on the grounds that it violates

ss. 7 and 12 of the Canadian Charter of Rights and Freedoms. A further attack, based on s. 7 of the Charter, is brought against the

interaction of that scheme with investigations conducted by the Security Intelligence Review Committee into the activities of persons

reasonably believed to be involved in certain types of criminal or subversive activity.

I. The Legislative Scheme

This appeal requires the Court to consider the operation of a comprehensive legislative scheme which governs the deportation of

permanent residents who have been convicted of certain criminal offences. I find it convenient to reproduce the relevant provisions at

the outset. The provisions are those that were in force when these proceedings were commenced by the inquiry before the adjudicator.

Since that time, several of the section numbers have been amended and there have been other minor amendments such as the

consolidation of two subsections into one. However the substance of the provisions relevant to this appeal remains the same. (See

Immigration Act, R.S.C., 1985, c. I-2).

Immigration Act, 1976, S.C. 1976-77, c. 52, as amended by the Canadian Security Intelligence Service Act, S.C. 1984, c. 21

4. . . .

(2) Subject to any other Act of Parliament, a Canadian citizen, a permanent resident and a Convention refugee while lawfully in

Canada have a right to remain in Canada except where

(a)in the case of a permanent resident, it is established that that person is a person described in subsection 27(1);

19. (1) No person shall be granted admission if he is a member of any of the following classes:

. . .

(d) persons who there are reasonable grounds to believe will

. . .

(ii) engage in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in

furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment;

27. (1) Where an immigration officer or peace officer has in his possession information indicating that a permanent resident is a

person who

. . .

(d) has been convicted of an offence under any Act of Parliament for which a term of imprisonment of

(i) more than six months has been imposed, or

(ii) five years or more may be imposed,

. . .