CITIZENSHIP AND IMMIGRATION |
Status in Canada |
Convention Refugees |
Canada (Minister of Citizenship and Immigration) v. Cortez
IMM-231-99
Pinard J.
21/1/00
12 pp.
Application for judicial review of decision of Convention Refugee Determination Division (CRDD) dismissing Minister's application to reconsider, vacate determination respondent Convention refugee under Immigration Act, s. 69.2(2)--Rejection resulting from CRDD's decision to grant respondent's motion not to admit into evidence material filed in statutory declaration of John Gardner, Interventions Officer, Citizenship and Immigration Canada, and to dismiss Minister's application--Right of Minister to seek reversal of favourable refugee determination found in Act, s. 69.2(2)--First issue whether CRDD erred in fact in calculation of length of delay--CRDD never calculated length of delay at six and half years, merely said it may have been that long--Applicant's argument must be dismissed--Second issue whether CRDD erred in law in finding respondent could rely on delay to establish violation of Charter, s. 7--Where delay in question passage of time between alleged commission of offence, laying of charge, mere fact of delay will not justify finding justice denied--Refugee claimant not in same legal position as accused person--Issue of whether Board erred on this point turned on whether prejudice suffered by respondent of such nature as to establish violation of s. 7--To dismiss application by reason of delay alone would be to impose judicially created limitation period--CRDD erred in finding respondent's s. 7 Charter rights violated--Third issue whether CRDD erred in characterizing delay as abuse of process--Since record not indicating respondent deprived of right to fair hearing by Minister's delay in bringing vacation application, no abuse of process herein--Application allowed--Immigration Act, R.S.C., 1985, c. I-2, s. 69.2 (as enacted by R.S.C., 1985 (4th Supp.), c. 28, s. 18; S.C. 1992, c. 49, s. 61)--Canadian Charter of Rights and Freedoms, being Part I of Constitution Act, 1982, Schedule B, Canada Act, 1982, 1982, c. 11 (U.K.) [R.S.C., 1985, Appendix II, No. 44], s. 7.