CITIZENSHIP AND IMMIGRATION |
Exclusion and Removal |
Immigration Inquiry Process |
La v. Canada (Minister of Citizenship and Immigration)
IMM-1882-02
2003 FCT 476, Lemieux J.
23/4/03
11 pp.
Applicant citizen of Vietnam and permanent resident of Canada since November 18, 1994, when recognized as Convention refugee as part of Canada's participation in Vietnamese Refugee Resettlement Program--Seeking to set aside two danger opinions issued on March 28, 2002, by Minister's delegate--Record before Minister's delegate reveals formulated opinions because of applicant's criminality and likelihood of recidivism--In 1995, applicant convicted of possession of cocaine--In 1997, convicted of possession of narcotic for purpose of trafficking and in 2001, convicted of producing marijuana in Vancouver--In material before Minister's delegate reference made to two outstanding charges by Metro Toronto Police--Applicant argues Minister's delegate, in formulating danger opinions, considered irrelevant considerations i.e. charges for which not convicted --Proper approach to issue set out in Williams v. Canada (Minister of Citizenship and Immigration), [1997] 2 F.C. 646 (C.A.) wherein Justice Strayer saying "danger to the public" "must refer to the possibility that a person who has committed a serious crime in the past may seriously be thought to be a potential re-offender. It need not be proven--indeed it cannot be proven--that the person will reoffend"--Based on evidence, Minister's delegate took into consideration outstanding charges in Ontario laid against applicant--Such consideration irrelevant, making opinions patently unreasonable--By its very nature outstanding criminal charge cannot be evidence of likelihood to re-offend--To do so would equate charge to conviction without trial--Application allowed, danger opinions quashed and matter remitted to Minister's delegate for reconsideration.