Baroud ( Re )
DES-3-94
Denault J.
31/5/95
14 pp.
Whether security certificate filed by Solicitor General of Canada, Minister of Citizenship and Immigration under Immigration Act, s. 40.1 reasonable on basis of evidence and information available to Court -- Respondent member of Fatah, organization within Palestinian Liberation Organization (PLO) -- Claiming status as Convention refugee -- Security certificate stating respondent did not qualify for admission to Canada as person described in Act, s. 19(1)(f)(ii), (iii)(B)-Court must decide whether reasonable for Ministers to issue security certificate identifying respondent as member of inadmissible class of persons described in s. 19(1)(f)(ii) or s. 19(1)(f)(iii)(B) -- Standard of proof requiring evidence of reasonable grounds to believe person has engaged in terrorism or reasonable grounds to believe person is or was member of organization engaged in terrorism -- Sufficient to show reasonable grounds to believe person engaged in terrorism -- Issuance of security certificate under Act, s. 40.1 applying to persons other than Canadian citizens or permanent residents, referring to inadmissible classes of persons engaged in violence, espionage, subversion -- Scheme set out in s. 40.1 affording respondent limited protection with exception of opportunity to be heard -- No reasonable grounds to believe respondent himself actually engaged in terrorism as stated in s. 19(1)(f)(ii) -- Reasonable grounds to believe respondent member of both Fatah and Force 17 -- Purpose of s. 19(1)(f)(ii), (iii) to prevent arrival of persons considered to be danger to society -- In light of evidence and information presented to Court, reasonable grounds to believe Fatah and Force 17 engaged in terrorism -- Security certificate issued by Minister of Citizenship and Immigration, Solicitor General of Canada under s. 40.1 reasonable on basis of evidence and information available to Court -- Immigration Act, R.S.C., 1985, c. I-2, ss. 19(1)(f)(ii),(iii), 40.1 (as enacted by R.S.C., 1985 (4th Supp.), c. 29, s. 4; as am. by S.C. 1992, c. 49, s. 31).